This week the Conclusions & Selections (C&D) of the HCCH governing physique, the Council on Normal Affairs and Coverage (CGAP or Council), have been printed. Click on the hyperlinks under for the related language variations (English, French and Spanish).
Though a variety of subjects have been mentioned, I want to give attention to 4 objects: parentage/surrogacy challenge, the cross-border recognition and enforcement of safety orders, the jurisdiction challenge and a Notice on the Trusts Conference.
For my part, the C&D are vital for 2 causes. First, the work associated to a potential new instrument of a long-standing subject on the HCCH has been concluded (with out a Conference) and secondly, a “new” subject has been inserted into the agenda of the HCCH. For extra info, see under.
Parentage/surrogacy challenge
The parentage/surrogacy challenge has been a recurrent subject within the work of the HCCH. It has expanded greater than a decade, beginning in 2010 with some preliminary analysis, which resulted within the institution of an Specialists Group (EG) and subsequently, a Working Group (WG).
In preparation for this assembly, a doc was drawn up by the Working Group (WG) on Parentage / Surrogacy entitled: Remaining Report on the Feasibility of a potential Conference on the Recognition of Judgments on Authorized Parentage (Preliminary Doc (Prel. Doc.) No. 1). This can be a monumental work, which features a textual content of a draft Conference (as of p. 13).
The particular proposal of the WG to the Council was the next:
“The WG acknowledged the significance of the HCCH Parentage / Surrogacy Venture to develop a world instrument on authorized parentage in cross-border conditions. The WG agreed that such an instrument is fascinating, because it may improve authorized certainty, predictability and continuity whereas defending the rights of youngsters and households, and all individuals concerned.”
It additional acknowledged that coverage variations remained and for some specialists these have been elementary, and because of this, consensus couldn’t be reached on a method ahead (i.e. advancing to a Particular Fee, which is the standard path when negotiating a HCCH Conference and that are conferences held previous to a Diplomatic Session).
With this Remaining Report, and as its title suggests, the work of the WG has concluded and this Preliminary Doc is the final doc drawn up by the WG on this subject.
Reflecting the disagreement current on the WG degree, the Council selected this subject the next: “Whereas recognising the progress made by the Working Group, CGAP determined to not advance to a Particular Fee at this stage, with the understanding that this subject could also be revisited at a later stage.”
Accordingly, this 12 months marks the top of this challenge (if not the top of an period), except monitoring authorized and sensible developments on the topic which can be to be offered on the 2028 assembly of the Council (C&D No. 5). Maybe this subject could also be revived sooner or later when and if the time is ripe.
Cross-border recognition and enforcement of safety orders
Whereas the ashes of the Surrogacy/Parentage challenge have been nonetheless heat, a “new” proposal for a Conference emerged and was tabled by the UK as: Prel. Doc. No 25 of January 2026 – Proposal from the UK to ascertain a Working Group on Recognition and Enforcement of Safety Orders – not publicly out there.
The Council mandated the institution of a WG on a possible future conference on cross-border recognition and enforcement of safety orders (see C&D No. 22).That is exceptional and underlines the significance of protecting girls and youngsters secure. By tabling this proposal, the UK makes clear that that is an absolute precedence.
This initiative will construct on earlier work carried out by the Everlasting Bureau from 2011-2018, throughout which an Specialists Group was established (see C&D No. 23 and 24). At its 2018 assembly, the Council famous that “14. The Council determined to take away from the Agenda of the HCCH the subject of recognition and enforcement of international civil safety orders, with the understanding that this subject could also be revisited at a later stage.” An announcement that now could be historical past.
This will likely be an essential initiative to comply with sooner or later.
Jurisdiction challenge
The choice on the way forward for the jurisdiction challenge has been delayed till the following assembly of the Council in 2027. At that assembly a choice will likely be made whether or not that challenge advances to a Particular Fee “or resolve on another consequence of the Venture” (C&D 9).
A Report of the Chair of the Working Group on issues associated to jurisdiction in transnational civil or industrial litigation was offered as Prel. Doc. No 2A of December 2025. This Report features a draft textual content of a future conference on parallel proceedings and associated actions (from p. 13, with many [square brackets], signalling lack of consensus or settlement on the textual content).
Final 12 months a public session was launched on the Draft Textual content of a potential new conference on parallel proceedings and associated actions, the outcomes of which nonetheless have to be analysed. The Council mandated {that a} doc be submitted analysing such responses by the top of September 2026 and gave particular directions on the way it ought to be drafted (C&D No. 8). The responses will likely be printed topic to the permission of the respondents.
We’ll hold you knowledgeable of any new developments.
A Notice on the Trusts Conference
Lastly, a Notice on the Software and Interpretation of Article 2 of the Conference of 1 July 1985 on the Legislation Relevant to Trusts and on their Recognition and on the Establishments Analogous to Trusts was submitted as Prel. Doc. No 12B of January 2026 (for the precise Notice see Annex V, p. 25). Particularly, an enchanting rationalization of the phrases utilized in English (property) and French (patrimoine) is included in pages 28-29. Equally fascinating is Annex A to Notice (for Part V) – Establishments Assembly the Standards in Article 2 of the Trusts Conference. This Notice was authorised and will likely be printed along with its Annexes (C&D 69).
In sum, this Council’s assembly selected essential issues associated to treaty making on Non-public Worldwide Legislation on the HCCH. The following assembly of the Council in 2027 can even be of nice significance as it’s going to resolve on the way forward for the jurisdiction challenge. With regard to particular initiatives, the cross-border recognition and enforcement of safety orders attests to the truth that a subject can certainly return to the agenda of the HCCH, and thus some specialists could harbour the want that the parentage/surrogacy challenge could rise at some point like a phoenix from the ashes.
