The Hague Conference: another setback for the international recognition of surrogacy

This intergovernmental organisation works towards the unification of private international law (relating to applicable law and competent jurisdictions in cross-border situations) by drafting international conventions for submission to States. In its final report of November 2025, the Hague Conference working group tasked with drafting a convention on the recognition of parentage arising in particular from cross-border surrogacy concluded that the differences of opinion among its members regarding surrogacy made it impossible to continue the work within a Special Commission. This work, which has been ongoing for 15 years, is therefore suspended indefinitely. 

This major development comes at a time when surrogacy is facing increasing criticism both nationally and internationally. 

Indeed, various countries have recently taken measures to curb their nationals’ use of surrogacy abroad: since 2024, Italian law has classified surrogacy as a ‘universal offence’ and imposes criminal penalties on Italian nationals who use a surrogate mother abroad. In the same year, the Spanish Supreme Court ruled that surrogacy contracts were contrary to public policy insofar as they seriously undermine the rights of the child and the pregnant woman. Finally, Slovakia enshrined the ban on surrogacy contracts in its constitution in 2025. 

At the international level, this criticism has intensified over the last four years: 

• Published on 3 March 2023 and bringing together numerous international experts, the Casablanca Declaration calls on states and supranational organisations to adopt legal mechanisms guaranteeing a ban on the practice of surrogacy. Its spokesperson is Olivia Maurel, who was born via surrogacy and testifies to the harm this practice has inflicted upon her. 

• In April 2024, the European Parliament amended the Anti-Trafficking Directive to include “the exploitation of surrogacy” among offences of trafficking in human beings. 

• In a report presented on 14 July 2025 to the United Nations General Assembly, the UN Special Rapporteur on violence against women and girls, its causes and consequences, Reem Alsalem, strongly condemned the practice of surrogacy, calling for its international abolition. 

• The European proposal for mandatory cross-border recognition of parental status for couples commissioning a child via surrogacy, meanwhile, remains blocked at the level of the Council of Ministers of the European Union, with no prospect of the text being adopted. 

It remains to be seen to what extent these developments will influence those states that are still considering authorising the practice of surrogacy on their territory. In Belgium, the federal government agreement concluded in January 2025 provides for the legalisation of so-called ‘non-commercial’ surrogacy, and Justice Minister Annelies Verlinden (CD&V) has committed to drafting legislation to this effect. It should be noted in this regard that the aforementioned UN report urges states to “take measures to eradicate surrogacy in all its forms”, whether commercial or non-commercial. 

For further reading, see the EIB Dossier “ Faut-il légaliser la gestation pour autrui ?”