[SoJoCo]

Legal question for all you jus soli types. Suppose a foreign woman was orbiting the earth. Does the child become an American only if they happen to be over the Continental United States when he pokes his head out?

Nothing really to ponder. U.S. territory is U.S. territory regardless of whether it is dry land or territorial waters. Children born in U.S. territory are U.S. citizens, so long as their parents aren't in one of the excluded categories. The 1944 Convention on International Civil Aviation further states that every country has complete and sovereign control of the airspace over their territory. Since no limit on airspace was defined, then it could be argued that a spacecraft orbiting over the U.S. was in U.S. territory and a child born under those conditions is a U.S. citizen.

[DiogenesLamp]

The 1944 Convention on International Civil Aviation further states that every country has complete and sovereign control of the airspace over their territory. Since no limit on airspace was defined, then it could be argued that a spacecraft orbiting over the U.S. was in U.S. territory and a child born under those conditions is a U.S. citizen.

So she needs to time her pushes with the orbit. :)

Seriously, this is a sensible standard for citizenship? Happening to be over American territory when born makes you a "natural born citizen" ?