In a significant development, the Hague Conference on Private International Law (HCCH) has decided to suspend its work on a framework for cross-border surrogacy. We welcome this decision with relief.
After more than a decade of efforts to advance this initiative, the decision marks an important pause. The proposal will not move forward at this stage, although it may be reconsidered in the future.
This outcome reflects years of mobilisation by the women’s rights movement worldwide. ICASM, together with its partners and WoPAI, has consistently raised concerns about the risks such a framework could pose to the rights of women and children. Our organisations gather more than 8,000 individuals and 500 organisations from 85 countries, who have repeatedly called for this work to be halted. In our view, the proposed framework would undermine the rights of women and children in favour of an ultra-liberal and neo-patriarchal market for the purchase of newborns and the globalised reproductive exploitation of women.
👉 Read our previous joint statement and call to suspend the project here: WoPAI and ICASM urge HCCH to suspend the surrogacy framework
As outlined in that joint letter, organisations warned of serious human rights concerns, including risks of exploitation of women and the normalisation of surrogacy practices.
While this is an encouraging step, continued vigilance will be essential. We remain committed to ensuring that any future developments fully respect women’s human dignity and fundamental human rights.
About the HCCH and the Framework on Cross-Boarder Surrogacy:
The Hague Conference on Private International Law (HCCH), which brings together 93 member states, has been working for more than a decade on a legislative project aimed at guaranteeing the legal effects of cross-border surrogacy contracts for commissioning people. However, its governing body, the Council on General Affairs and Policy (CGAP), has just decided to abandon the project. As stated in the official press release:
“While recognising the progress made by the Working Group, CGAP decided not to advance to a Special Commission at this stage,” effectively suspending the initiative.
The harmonisation of private international law rules cannot be pursued at the expense of human dignity. On the contrary, such efforts must aim to ensure full respect for the fundamental human rights of all. However, the HCCH has indicated that the issue may be reviewed again in 2028.
_______________________________________________________________________________________________________________________________________________
