Hague Convention Attorney

Experienced Hague Convention Attorneys for International Adoption Disputes, Child Abductions, and Service of Process

**Attorney Nick Oberheiden**
Hague Convention Team Lead

**Attorney Brian Kuester**
Hague Convention Team Lead
Former U.S. Attorney and District Attorney

John W. Sellers — **Attorney John Sellers**
Hague Convention Team Lead
Former DOJ Trial Attorney

The Hague Convention is an international treaty that is intended to protect children and families both during and after the cross-border adoption process. Countries that have agreed to the Hague Convention must comply with its terms—including its terms pertaining to cross-border adoption standards and service of process in disputes involving adoption proceedings and abducted children.

The United States is a party to the Hague Convention. As the U.S. Department of State explains, the Hague Convention plays an important role in cross-border adoptions for U.S. residents:

“The Convention applies to all adoptions by U.S. citizens habitually resident in the United States of children habitually resident in any country outside of the United States that is a party to the Convention . . . . Adopting a child from a Convention country is similar in many ways to adopting a child from a country not party to the Convention. However . . . those seeking to adopt may receive greater protections if they adopt from a Convention country.”

The Hague Convention treaty also plays an important role in international child abduction cases. As the U.S. Department of State also explains:

“The Convention aims to protect children from the harmful effects of international parental child abduction. It encourages the prompt return of abducted children to the country where they are habitually resident. It also seeks to organize or secure effective exercise of rights of access to a child [by providing that] the proper court in the country of the child’s habitual residence should generally determine custody and visitation matters.”

Unfortunately, despite the protections that the Hague Convention affords to children, U.S. residents seeking to adopt, and adoptive parents in the U.S., violations of the Hague Convention are not uncommon. Other violations of U.S. and international laws can also leave parents (and prospective parents) needing to rely on the Hague Convention’s service-of-process provisions.

At Oberheiden P.C., our attorneys provide strategic legal counsel in all matters falling under the Hague Convention. If you have questions about your legal rights or legal options, we encourage you to contact us promptly for a free and confidential consultation.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

The Hague Convention: An Overview for Parents (and Prospective Parents) in the U.S.

What is the Hague Convention, and how can you use it if you need to? Here is a brief overview of what parents (and prospective parents) in the U.S. need to know:

What Is It?

As discussed above, the Hague Convention is a series of international agreements that specifically pertain to international adoptions and child abductions. Among other things, it ensures (or is intended to ensure) that adoption agencies and other businesses comply with certain processes and procedures during the international adoption process, and it provides parents who are seeking to adopt with legal rights and remedies in the event that a foreign business fails to comply.

The Hague Convention also provides protections in cases involving international child abductions, specifically addressing the civil aspects of returning abducted children across borders. This includes cross-border abductions by adoptive parents and other individuals as well as abductions by foreign actors who abuse the international adoption process or commit other crimes.

How Can I Use It?

Parents (and prospective parents) in the U.S. can use the Hague Convention in a few ways, depending on the child’s location and his or her habitual residence. Specifically, under the Hague Convention, parents (and prospective parents) in the U.S. can:

Enforce compliance with international adoption standards in Convention countries;
Take immediate legal action in cases involving international child abductions; and/or,
Sue foreign adoption agencies and other businesses in a foreign country when they violate the Convention or applicable law.

With that said, adoption and child abduction matters falling under the Hague Convention can be extremely complex and may require coordination with a central authority; as a result, experienced legal representation is essential. At Oberheiden P.C., our Hague Convention attorneys are familiar with the protections, procedures, and requirements that apply, and we can take legal action immediately on your behalf if necessary.

What Countries Does it Cover?

The Hague Convention covers more than 100 countries around the globe (on every continent except Antarctica). Currently, the list of Convention countries includes:

Albania
Andorra
Angola
Armenia
Australia
Austria
Azerbaijan
Belarus
Belgium
Belize
Benin
Bolivia
Botswana
Brazil
Bulgaria
Burkina Faso
Burundi
Cambodia
Canada
Cabo Verde
Chile
China (and Hong Kong)
Colombia
Côte d’Ivoire
Costa Rica
Croatia
Cuba
Cyprus
Czech Republic
Denmark
Dominican Republic
Ecuador
El Salvador
Estonia
Fiji
Eswatini
Finland
France
Georgia
Germany
Ghana
Greece
Guatemala
Guinea
Guyana
Haiti
Honduras
Hungary
Iceland
India
Ireland
Israel
Italy
Kazakhstan
Kenya
Kyrgyzstan
Latvia
Lesotho
Liechtenstein
Lithuania
Luxembourg
Macedonia
Madagascar
Mali
Malta
Mauritius
Mexico
Moldova
Monaco
Mongolia
Montenegro
Namibia
Netherlands
New Zealand
Niger
Norway
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Republic of the Congo
Romania
Rwanda
Saint Kitts and Nevis
San Marino
Senegal
Serbia
Seychelles
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Sweden
Switzerland
Thailand
Togo
Turkey
United Kingdom
Uruguay
Venezuela
Vietnam
Zambia

Importantly, while all of these countries have agreed to comply with the Hague Convention and enforce its protections, each country may also have its own laws that govern international adoptions, cross-border litigation, and other pertinent matters. At Oberheiden P.C., our Hague Convention attorney network includes experienced professionals around the world to help protect our clients and their children as necessary.

Matters We Handle

Our attorneys are available to represent current and prospective parents in the U.S. in all matters falling under the Hague Convention. This includes (but is not limited to):

Family Law & Child Abduction Cases

Family law and child abduction cases falling under the Hague Convention can be incredibly complex. They can also be incredibly high-stress, and they can unfortunately have lasting consequences for the children involved. If your child has been abducted by your spouse or partner, your former spouse or partner, or anyone else in the U.S. or abroad, our Hague Convention lawyers can get to work immediately.

Suing Foreign Businesses in International Adoption Cases

We also represent parents (and prospective parents) who need to sue foreign businesses in connection with their international adoptions. Unfortunately, this proves to be necessary far more often than it should, especially in cases where no parent consented to improper adoption procedures. If you have run into unanticipated issues during the adoption process, our Hague Convention attorneys can walk you through your legal rights and options, and then we can take appropriate legal action on your behalf.

Service of Process Under the Hague Convention

In many cases, the first step toward protecting your family’s rights under the Hague Convention is to effect service of process. Effecting service of process is also a critical first step toward initiating federal court proceedings under the International Child Abduction Remedies Act (ICARA) and pursuing litigation under comparable laws in other countries. If you need to file a lawsuit related to an international adoption or cross-border child abduction, our attorneys can take action immediately in this scenario as well.

FAQs: The Hague Convention

What is Service of Process Under the Hague Convention?

In lawsuits involving international adoption disputes and child abductions, the party that initiates the lawsuit has a duty to inform the other party that it is being sued. This is referred to as “service of process.” The Hague Convention includes provisions regarding service of process in adoption disputes and child abduction cases which are intended to ensure that parents (and prospective parents) can effect service of process and pursue legal action when necessary.

How Does the Hague Convention Pertain to International Child Adoption?

The Hague Convention establishes standards for international child adoptions in all Convention countries. While Convention countries can (and typically do) adopt other standards as well, the purpose of the Hague Convention is to ensure that the international adoption process is safeguarded against fraud, corruption, interference, and other unlawful practices.

How Does the Hague Convention Pertain to International Child Abduction?

The Hague Convention provides mechanisms for Convention countries to help facilitate the return of children who have been victimized in international abductions, complementing uniform child custody jurisdiction efforts across borders. It also includes provisions for service of process that make it easier for parents seeking the return of their children or exercising custody rights to take legal action. If your child has been abducted, our Hague Convention attorneys can help, and we strongly encourage you to contact us right away.

How is the International Child Abduction Remedies Act (ICARA) Related to the Hague Convention?

The International Child Abduction Remedies Act (ICARA) is a federal law in the U.S. that implements the Hague Convention’s protections. Similar laws exist in many other Convention countries as well. As summarized by the U.S. Department of State, ICARA “establishes procedures for filing [Hague] Convention cases in courts in the United States . . . [and] authorizes the Department of State to access federal databases to locate abducted children . . . .”

How Can a Hague Convention Attorney Help Me?

If you have encountered a problem during the international adoption process or your child has been abducted, a Hague Convention attorney can help you gather clear and convincing proof and take all necessary and appropriate legal action immediately. At Oberheiden P.C., we are committed to helping parents (and prospective parents) in these cases, and we encourage you to contact us right away to speak with one of our attorneys in confidence.

Schedule a Free and Confidential Consultation with a Hague Convention Attorney at Oberheiden P.C.

To schedule a free and confidential consultation with a Hague Convention attorney at Oberheiden P.C., call 888-680-1745 or contact us online. We will arrange for you to speak with one of our experienced attorneys in confidence as soon as possible.