Let K be a number field and \(\ell \geqslant 5\) a prime number. Mazur and Rubin introduced the notion of diophantine stability for a variety \(X_{/K}\) at a prime \(\ell \) . We show that there is a positive density set of elliptic curves \(E_{/\mathbb {Q}}\) of rank 1 such that \(E_{/K}\) is diophantine stable at \(\ell \) . This has implications for Hilbert’s tenth problem over . This problem asks whether there exists an algorithm that decides in finite time whether a finite system of diophantine equations over has a solution.