Hague convention attorney

Who Does the Hague Convention Apply To?

If you believe you might be facing the terrifying situation of International Child Abduction, you will need to determine whether the Hague Convention treaty is “in force” between the U.S. and the other country involved. 

In a nutshell, the Hague Abduction Convention is an international agreement to safeguard intercountry adoptions. An application may be made when a child is taken or retained across an international border, away from his or her habitual residence, without the consent of a parent who has rights of custody under the law of the habitual residence, if the two countries are parties to the Convention. The child must be promptly returned to the habitual residence unless the return will create a grave risk of harm to the child or another limited exception is established.

The Convention has the child’s best interest, and provides a shared civil remedy among partner countries. Depending on where your child was taken determines whether the Convention is “in force” between nations. It is therefore important to determine whether the Convention is in force with the particular country in question and when the Convention went into force between the U.S. and the other country.


The Hague Convention is essentially a treaty that many countries, along with the US have joined. On May 29, 1993, the Convention established international standards of practices for intercountry adoptions. The United States signed the Convention in 1994, and the Convention entered into force for the United States on April 1, 2008. 

How do you determine whether the treaty is “in force” between the U.S. and the other country involved? The Federal Judicial Center explains with the following:

‘The issue of whether the Convention is “in force” between states can be complex. There are differences in the processes by which a state can be bound by the treaty, specifically between those who are “member states” and those who become “party states.” 

Member states are states that were members of The Hague Conference on Private International Law at the time of adoption of the Child Abduction Convention at the 14th Session in 1980.

The differences between the two is the following:

  • Actions by member states include ratifications, approvals, or acceptances.
  • Party states are all other countries that agree to be bound by the Convention and “accede” to the Convention.

For member states, the ratification by one member state causes the convention to automatically come into force between that ratifying member state and all other previously ratifying member states. However, when a member state ratifies the Convention, the Convention does not automatically enter into force between that state and a party state that has acceded to the convention.

The treaty “enters into force” between two countries when they are both bound by the Convention. In order for the Convention to enter into force between a member state and a party state, the member state must expressly accept the accession by the party state. 

The same applies to the accession of one party state vis-á-vis another acceding party state; that is, the accession must be specifically accepted by the previously acceding party state.’

101 states are a party to the convention. Like extradition treaties, some countries that have signed a Hague Convention treaty with the United States are noncompliant or refuse to hold up the terms of the treaty.


Below are the countries that participate in the Hague Convention and are “in force” with the United States of America. You can find the official list with dates and more here.

country pop2022 hagueConventionEntryDate
Andorra 77.463 1/1/2017
Argentina 46010.234 6/1/1991
Armenia 2971.966 3/1/2018
Australia 26068.792 7/1/1988
Austria 9066.71 10/1/1988
Bahamas 400.516 1/1/1994
Belgium 11668.278 5/1/1999
Belize 412.19 11/1/1989
Bosnia and Herzegovina 3249.317 12/1/1991
Brazil 215353.593 12/1/2003
Bulgaria 6844.597 2005/01//01
Burkina Faso 22102.838 11/1/1992
Canada 38388.419 7/1/1988
Chile 19250.195 7/1/1994
Colombia 51512.762 6/1/1996
Costa Rica 5182.354 1/1/2008
Croatia 4059.286 12/1/1991
Cyprus 1223.387 3/1/1995
Czech Republic 10736.784 3/1/1998
Denmark 5834.95 7/1/1991
Dominican Republic 11056.37 6/1/2007
Ecuador 18113.361 4/1/1992
El Salvador 6550.389 6/1/2007
Estonia 1321.91 5/1/2007
Fiji 909.466 5/1/2017
Finland 5554.96 8/1/1994
France 65584.518 7/1/1988
Germany 83883.596 12/1/1990
Greece 10316.637 6/1/1993
Guatemala 18584.039 1/1/2008
Honduras 10221.247 6/1/1994
Hong Kong 7604.299 9/1/1997
Hungary 9606.259 7/1/1988
Iceland 345.393 12/1/1996
Ireland 5020.199 10/1/1991
Israel 8922.892 12/1/1991
Italy 60262.77 5/1/1995
Jamaica 2985.094 4/1/2019
Japan 125584.838 4/1/2014
Latvia 1848.837 5/1/2007
Lithuania 2661.708 5/1/2007
Luxembourg 642.371 7/1/1988
Macau 667.49 3/1/1999
Malta 444.033 2/1/2003
Mauritius 1274.727 10/1/1993
Mexico 131562.772 10/1/1991
Monaco 39.783 6/1/1993
Montenegro 627.95 12/1/1991
Morocco 37772.756 12/1/2012
Netherlands 17211.447 9/1/1990
New Zealand 4898.203 10/1/1991
Norway 5511.37 4/1/1989
Panama 4446.964 6/1/1994
Paraguay 7305.843 1/1/2008
Peru 33684.208 6/1/2007
Poland 37739.785 11/1/1992
Portugal 10140.57 7/1/1988
Romania 19031.335 6/1/1993
Saint Kitts and Nevis 53.871 6/1/1995
San Marino 34.085 1/1/2008
Serbia 8653.016 12/1/1991
Singapore 5943.546 5/1/2012
Slovakia 5460.193 2/1/2001
Slovenia 2078.034 4/1/1995
South Africa 60756.135 11/1/1997
South Korea 51329.899 11/1/2013
Spain 46719.142 7/1/1988
Sri Lanka 21575.842 1/1/2008
Sweden 10218.971 6/1/1989
Switzerland 8773.637 7/1/1988
Thailand 70078.203 4/1/2016
Trinidad and Tobago 1406.585 8/1/2013
Turkey 85561.976 8/1/2000
Ukraine 43192.122 9/1/2007
United Kingdom 68497.907 7/1/1988
Uruguay 3496.016 9/1/2004
Venezuela 29266.991 1/1/1997
Zimbabwe 15331.428 8/1/1995

Export the list here. 


Most of the world, including the United States, belongs to the Hague Convention, and they will negotiate treaties to help streamline international justice. When family law disputes cross international boundaries, it is essential to have the help from a knowledgeable family law attorney who understands all of the laws that go along with child custody cases.

Our attorneys, Erin Masters and Anthony Joseph, have extensive knowledge and experience with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) that was enacted into law through the International Child Abduction Remedies Act (“ICARA”) which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence. 

Browse Our Featured Hague Decisions:

Contact us here today to set up a complimentary consultation.