And if the case is say — Stanley was flying while in labor and had her baby at some multi-leg turbo-prop waypoint between Kenya and Vancouver, and then days (or even years) later registering his birth as if in Hawaii? And she wasn’t married? What a case to be heard ...
“had her baby at some multi-leg turbo-prop waypoint between Kenya and Vancouver”
No problem: the law can handle this (your tax dollars at work!):
“a. Airspace above the land territory and internal waters is held to be part of the United States (Art. 1(1), 1958 Geneva Convention on the Territorial Sea and the Contiguous
Zone, 15 U.S.T. 1606, TIAS 5639). Gordon and Rosenfeld, in Immigration Law and Procedure, Volume 3, Nationality (New York: Matthew Bender, 1986), commenting on the
applicability of the 14th Amendment to vessels and planes, states:
..The rules applicable to vessels obviously apply equally to airplanes.
Thus a child born on a plane in the United States, or flying over its territory, would acquire United States citizenship at birth.
b. Cases of persons born on planes in airspace outside the U.S. coastal borders but within the U.S. territorial sea should be submitted to the Department (CA/OCS) for
adjudication.
http://www.state.gov/documents/organization/86755.pdf