Is it according to:
- the parents' citizenship
- the territory/airspace over which the birth takes place in mid-air
- the nationality of the airline or where it is registered
- the destination of the flight
- the port of departure of the flight
Last week a Swedish pregnant woman, flying by Finnair from Bangkok to Helsinki gave birth to a baby over Kazakhstan.
This has happened before on other airlines, but was a first for the Finnish airline. There were even two doctors and two nurses on board, among the passengers. She was in good hands and everything went really well for the mother and the baby.
India, for instance applies the mixed principle of jus sanguine and jus solis, but adjusts it to mean that children born on Indian soil on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of the child's birth.
Countries with low birth rates who plan to increase their population bases usually apply the principle of jus solis to integrate everyone who was born in their territory. Sweden, like Finland thus applies the principles of jus solis. But many countries like the USA, Canada, Germany and Ireland have a practice of mixing jus sanguinis and jus soli. The United States grants citizenship to babies born in their airspace, even if the mother happens to be a Mexican citizen as in this case.
Finnish citizenship is also possible, especially if the parents are permanently resident in Finland. What is left is the most logical and natural alternative – the baby is a Swedish citizen.