Child born during international flight to US sparks heated debate about citizenship, legal identity

"Sometimes, when a child is not born in a hospital and there's no birth record, that can create problems," Cyrus D. Mehta, a New York-based immigration attorney told Fox News Digital. (He is not connected to the Caribbean Airlines case.) 

"The question is: What constitutes U.S. airspace?" he also said. 

Commenters online debated the issue.

Said another person about the Caribbean Airlines birth, "If the parents are American citizens, then the baby is."

Caribbean Airlines notes on its website that expectant mothers can travel on their planes without a doctor's approval until the end of their 32nd week of pregnancy - but travel is not permitted beyond the 35th week. 

Even so, incidents in which women give birth on flights are very uncommon. 

Other procedural issues can occur as well, Mehta said.

Proof of the precise location of the plane during childbirth midair and the moment the baby is born can be challenging.

The government requires a log from an airline or ship "reflecting the latitude and longitude when the birth occurred," Mehta said. 

Caribbean Airlines said that, while the birth aboard its flight was unexpected, the crew never declared an emergency during the trip. 

The airline said the woman and newborn received the care they needed from medical personnel.

The unusual childbirth comes at a time of heated discussion about citizenship laws in the United States.

The courts have routinely upheld birthright citizenship for over a century.

Ashley J. DiMella and Lorraine Taylor, both of Fox News Digital, contributed reporting.