We were delighted to welcome Dr Laura van Bochove (researcher at the Dutch Supreme Court and legal advisor at the Ministry of Justice and Security) for a research stay at the Luxembourg Centre for European Law (LCEL) in June 2025.
During her visit, she worked on an article for the Tijdschrift voor Familie- en Jeugdrecht (Journal for Family and Youth Law), a Dutch journal focusing on family and youth law, which has since been published.
The article discusses the role of the European Union in the Hague Conference on Private International Law (HCCH) Parentage/Surrogacy Project. Since 2023, a HCCH working group has been preparing a draft convention with uniform rules on parentage and surrogacy, and it is expected to present its findings by early 2026. In parallel, the European Commission has proposed an EU Parenthood Regulation (7 December 2022), creating overlap and raising questions about the division of powers between the EU and its Member States.
The HCCH project seeks to articulate international rules for recognizing judicial decisions on parentage, while also addressing safeguards in international surrogacy (e.g. informed consent, protection against trafficking). The EU’s proposed Parenthood Regulation covers jurisdiction, applicable law, recognition of decisions, and introduces a European Certificate of Parenthood, but its adoption requires unanimity in the Council and remains politically uncertain.
The article explains the EU’s external competence to conclude international agreements. The Commission argues that the publication of its Parenthood Regulation proposal gives the EU exclusive competence over the HCCH negotiations, even if the regulation has not yet been adopted. However, questions remain about whether the EU can negotiate on substantive family law issues, such as surrogacy safeguards, since its powers are limited to PIL aspects.
During the preparatory phase of the HCCH project, EU institutions and Member States must cooperate closely (Article 4(3) TEU). Member States are expected not to contradict EU positions, though this may frustrate HCCH discussions if EU positions remain vague. A comparison is drawn with the Maintenance Regulation and Hague Maintenance instruments, where the EU played a leading role but waited until the HCCH work was finalized before adopting its own rules.
The conclusion highlights key challenges: parentage, especially following surrogacy, is politically highly sensitive, making EU coordination difficult. Unlike with maintenance law, the EU cannot easily take a leading, constructive role in the HCCH meetings. The article suggests Member States should have more space to voice their own ideas in the preparatory phase to improve discussions, while still respecting the duty of loyal cooperation and EU legal constraints.
Your article in the Tijdschrift voor Familie- en Jeugdrecht examines the EU’s role in the Hague Conference on Private International Law (HCCH) Parentage/Surrogacy Project. What motivated you to explore this topic, and what are the key challenges you identified?