What happens if a baby is born in space? Lawyer reveals one factor that determines the baby's citizenship

With space tourism abuzz and talks of colonizing other planets, have you ever wondered what it would be like to raise a baby in the cosmos? While most countries are yet to come up with outer space regulations, they still have defined laws concerning airspace. A lawyer recently shared which nations would welcome babies born outside the Earth by granting them citizenship, and his claims have left many amused. Through a hilarious skit, the legal expert and content creator, Mike—who goes by @lawbymike on TikTok—explained what the situation would be like for a newborn space baby if they chose to return to Earth.

The funny yet insightful video began with Mike engaging in a serious conversation about the future of a fake baby with another content creator, Lilly. “This baby was just born in space—a hundred kilometers above sea level. So, what country would it be a citizen of?” Mike asked, while Lilly held a realistic baby doll dressed in a space suit. Both Mike and Lilly were in astronaut costumes, similar to the National Aeronautics and Space Administration (NASA) uniforms for its space crew. Additionally, the lawyer presumed in his animated show that the baby was born in space.

“The first thing we need to figure out is which country's airspace we're in,” Mike told Lilly, who was playing the role of the baby’s mother. “Look, honey, we're flying over the USA,” she said, as the animated projection showed Earth from a space shuttle. “Well, if that's the USA, then we're in US airspace, so your baby will be American,” the lawyer said, referring to the existing laws in the country. At this point, Lilly acted like she was relieved after realizing that her baby would get the country’s citizenship. “Really?” she asked. “Yeah, because the USA considers any baby born in their airspace a citizen,” Mike replied, bringing a smile to Lilly’s face. As Lilly cradled the baby, another man, pretending to be an astronaut, appeared in the animated video, pointing at the Earth.

“Uh, that's not the USA. That's Australia,” the astronaut said, suggesting that the spaceship was cruising in some other country’s airspace. “Well, if that is Australia, then we're in Australian airspace, which means the baby takes the nationality of its parents,” Mike explained. “Oh, well, in that case, I guess my baby's from...” Lilly jokingly replied. She was again cut short by the captain of the spaceship, who had an important announcement to make. “Excuse me, passengers! This is your captain speaking. We're actually past the Kármán line,” he said. “Oh no, is my baby nationless?” Lilly chimed in, adding some more questions: “Does that mean she's from space?” “Is my baby an alien?”

The lawyer explained that the Kármán line is the altitude at which Earth's atmosphere ends and space begins, defined as 100 kilometers above sea level. “If a baby is born in a rocket above the Kármán line, they would most likely become a citizen of where the rocket is registered,” Mike answered, and provided some examples. In cases where the baby was born on a SUPARCO rocket, they would belong to Pakistan; if they were born in an AEB rocket, they’d be Brazilian; and if it was a CSA rocket, they’d be Canadian.

Mike’s and Lilly’s informative act managed to draw widespread attention on social media, including from @austin1518, who curiously asked, “If we were in our own airspace and not a citizen of any country, would we be the president of the world?” @chilledseeker added, “These are questions that keep me up. No joke.” 

You can follow Mike (@lawbymike) and Lilly (@gwenlilly) on TikTok for more legal and informative content.