Exploring the EU’s Role in International Family Law: A conversation with LCEL visiting fellow Dr Laura van Bochove

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?

In my role as a legislative advisor at the Dutch Ministry of Justice, I attend meetings of the HCCH concerning the Parentage/Surrogacy project and take part in negotiations within the EU Council Working Party on the Commission Proposal for a Parenthood Regulation. Through this work, I have observed first-hand that the division of competences between the EU – represented by the Commission – and its Member States in the context of the HCCH project is not entirely clear and can raise important questions. That’s what got me interested in exploring the topic further.

The CJEU’s V.M.A. v. Stolichna obshtina, Pancharevo (Case C-490/20) illustrated how complex it can be to recognise parentage in cross-border situations. How does the EU’s involvement in the Hague Conference’s Parentage/Surrogacy Project contribute to addressing these challenges?

The aforementioned CJEU judgment highlights the complexity of recognising parenthood in cross-border situations within the EU. These cases often involve conflicting national laws which can create uncertainty for families and children seeking legal recognition of their parent-child relationships. The challenge lies not only in finding solutions to navigate differing domestic rules but also in ensuring that the best interests of the child are upheld across jurisdictions.

The EU’s involvement in the HCCH Parentage/Surrogacy Project represents an important step toward addressing these challenges on a global scale. By actively participating in this project, the EU and its Member States seek to contribute to the development of an international legal instrument that provides clear and harmonised rules on the recognition of parenthood in cross-border contexts. The project aims to create mechanisms that promote mutual trust and facilitate the recognition of judicial decisions on parenthood among different countries, encompassing both EU Member States and non-Member States.

During your research stay at the Luxembourg Centre for European Law, you worked on this article. How did the LCEL environment and resources, particularly the LCEL library, support your research?

The LCEL provided an excellent research environment, with access to a wide range of up-to-date legal resources through its library. The materials available, especially on EU primary law and EU external relations law, were highly relevant to my topic and greatly supported the development of my article.

Given your experience both in academia and public administration, what do you see as the importance of centres like the LCEL in fostering dialogue between research and policymaking?

In my opinion, centres like the LCEL play an important role in ensuring, on the one hand, that policy decisions are grounded in academic knowledge, and, on the other hand, that legal research remains connected to practical challenges. 

Could you share any reflections or key takeaways from your overall experience at the Luxembourg Centre for European Law?

I had a wonderful and inspiring time at the LCEL and would like to give special thanks to David Althoff (doctoral researcher at the LCEL) for his kind invitation and warm reception.
One of the highlights of my stay was the opportunity to give a lecture to the staff members of the LCEL and colleagues from the Law Department of the Faculty of Law, Economics and Finance, which led to fruitful discussions. The exchange of perspectives during that session was particularly valuable and helped me refine my own views.

How would you describe the LCEL in 3 words?

Welcoming, collaborative, expertise-driven.

• Crossing borders, bridging knowledge Learn more about our Guest Programme and read interviews with visiting scholars