<P> U.S. law holds that natural persons born on foreign ships docked at U.S. ports or born within the limit of U.S. territorial waters are U.S. citizens . An important exception to this rule is that children born to people who (in line with the Fourteenth Amendment to the United States Constitution) are not "subject to the jurisdiction" of the United States (e.g., foreign diplomats accredited with the United States Department of State or invading foreign enemy forces) are not automatically U.S. citizens . Despite a common misconception to the contrary, birth on board a U.S. - flagged ship, airliner, or military vessel outside of the 12 - nautical mile (22.2 km / 13 - 13 / 16 st . mi .) limit is not considered to be a birth on U.S. territory, and the principle of jus soli thus does not apply . </P> <P> In addition to the question of a child's citizenship, there is also a question of how to report "Place of Birth" for children born in transit . US State Department guidance instructs that a child born in international waters should have their place of birth listed as "AT SEA", while those born in the territorial waters of any country would list the name of that country . A child born in flight in a region where no country claims sovereignty would list their place of birth as "IN THE AIR". </P>

Where are you born if on a plane