Case Update (2 May 2024): In re. Letter of Request from Local Court in Pankow, Germany; Granted and Commissioner appointed to collect evidence for German paternity suit
The Petitioner, the USA, filed an application to appoint a commissioner and compel discovery in the U.S. District Court for the District of Oregon, to seek evidence to use in a local paternity proceeding in Pankow, Germany. The U.S. alleged that the purported father, who is located in Oregon, must be compelled to provide certain genetic and identifying information for the German proceeding, including: (1) a buccal swab, (2) a photo ID, (3) his fingerprint, (4) a photograph, or, (5) in the alternative, a voluntary admission of paternity. The opinion indicated that the purported father in Oregon “has failed to provide the information voluntarily.”
The district court noted that both the United States and Germany are signatories to the Hague Evidence Convention, and that the German court’s request complied with the Convention’s requirements. The request met 3 requirements: (1) the purported father “resides or is found” in the district in Oregon, (2) the discovery is “for use in a proceeding in a foreign or international tribunal”, and (3) the application was made by a foreign or international tribunal or “any interested person.” 28 U.S.C. 1782 further gives the district court discretion to grant the order compelling the evidence. In weighing its discretion, the district court concluded that the German court does not have jurisdiction over the purported father and needs intervention by the court to obtain the evidence in the U.S., the German court is receptive to U.S. federal court assistance, the German court is not attempting to circumvent German proof-gathering policies, and the request is limited in size and scope and seeks the specific information relevant to the German court proceeding.
The district court granted the U.S.’s motion, appointed an AUSA to serve as Commissioner, and authorized the AUSA to obtain the requested information from the purported father. The purported father will have 21 days to contest the subpoena and this order.
Separately, Germany and the U.S. are partners under the Hague Child Support Convention. The U.S. Central Authority under that Convention is the U.S. Department of Health and Human Services. Under article 6 of the Child Support Convention, one of the duties of the Central Authorities are to “provide assistance in establishing parentage where necessary for the recovery of maintenance”. As a reminder, the Hague Evidence Convention and the Hague Child Support Convention are entirely separate treaties, and each has its own Central Authority, which is housed in different agencies in the U.S. government. From the court’s opinion, it does not appear that the request went through the Hague Child Support Convention Central Authority.
