A Few Takeaways From the Conclusions & Decisions of the HCCH Governing Body (CGAP – 2026 Meeting): Parentage/Surrogacy, Jurisdiction Project, Cross-Border Recognition and Enforcement of Protection Orders and a Note on the Trusts Convention

Key Takeaways

• Parentage/surrogacy project ends without a new convention
• UK pushes new working group on protection orders
• Jurisdiction project decision postponed to 2027 Council meeting
• Public consultation results on parallel proceedings still pending analysis
• Trusts Convention note approved, clarifying cross‑border trust terminology

Summary

The HCCH Council on General Affairs and Policy released its 2026 Conclusions & Decisions, marking the end of the long‑running parentage‑surrogacy project without adopting a new convention. A UK‑initiated working group was mandated to explore a future convention on cross‑border recognition and enforcement of protection orders. Decisions on the jurisdiction project were deferred to the 2027 meeting, pending analysis of a public consultation on parallel proceedings. Additionally, a Note clarifying the 1985 Trusts Convention was approved for publication.

Pulse Analysis

The HCCH’s Council on General Affairs and Policy (CGAP) uses its Conclusions & Decisions to steer the future of private international law. The 2026 meeting concluded a decade‑long parentage and surrogacy effort, acknowledging persistent policy divergences that halted progress toward a convention. While the project closes, the council will continue monitoring developments, keeping the door open for a revival if legal landscapes align.

A notable development is the United Kingdom’s proposal to launch a working group on the cross‑border recognition and enforcement of protection orders. This initiative revives a topic removed from the agenda in 2018 and underscores a growing international priority: safeguarding women and children across jurisdictions. By establishing a framework for mutual enforcement, the HCCH aims to reduce legal fragmentation and enhance victim protection in transnational contexts.

The jurisdiction project, which seeks to harmonize rules on parallel proceedings, was postponed to the 2027 council session. A public consultation on a draft convention is still being analyzed, indicating that consensus remains elusive. Meanwhile, the council approved a Note on the 1985 Trusts Convention, offering precise interpretations of key terms and expanding understanding of trust‑related cross‑border issues. Together, these actions illustrate the HCCH’s selective focus on areas with clear demand for uniformity, while leaving other complex topics on hold pending further stakeholder input.