CHILDREN BORN AT SEA

It is commonly believed that children of foreign parents born on the high seas under the American flag are as a matter of law “born in the United States and subject to the jurisdiction thereof,” but this is not clearly the case. As Borchard puts it, the child “is probably an American citizen under our law and may also be a foreign subject jure sanguinis.” Hence he would, upon attaining majority, have a right of election.