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International high-tech surrogacy and legal developments in the Netherlands

This blogpost is an edited version of this blogpost written in Dutch by Stichting IJI (The Hague Institute for private international law and foreign law). We thought it was interesting to also bring it to the attention of the international readership of this blog.

Introduction

In the Netherlands, international high-tech surrogacy is a hot topic, resulting in interesting legal developments. Recently, a Dutch District Court dealt with a case on the recognition of US court decisions on legal parenthood over children born from a high-tech surrogacy trajectory in the US, providing many private international law insights on how to assess such request for recognition. Furthermore, on July 4 a bill was proposed that encloses several private international law provisions. This blogpost briefly highlights both developments.

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Same-sex relationships concluded abroad in Namibia – Between (Limited) Judicial Recognition and Legislative Rejection

There is no doubt that the issue of same-sex marriage is highly controversial. This is true for both liberal and conservative societies, especially when the same-sex union to be formed involves parties from different countries. Liberal societies may be tempted to open up access to same-sex marriage to all, especially when their citizens are involved and regardless of whether the same-sex marriage is permitted under the personal law of the other foreign party. For conservative societies, the challenge is even greater, as local authorities may have to decide whether or not to recognise same-sex marriages contracted abroad (in particular when their nationals are involved). The issue becomes even more complicated in countries where domestic law is hostile to, or even criminalises, same-sex relationships.

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Cassirer on Remand: Considering the Laws of Other Interested States

This post is by Carlos Manuel Vázquez, a professor of law at Georgetown Law School. It is cross-posted at Transnational Litigation Blog.

Claude Cassirer brought suit in federal court in California eighteen years ago against the Thyssen Bornemisza Museum of Madrid, Spain, to recover a painting by Camille Pissarro that was stolen from his grandmother by the Nazis during World War II.  After a reversal and remand from the U.S. Supreme Court last summer, the case is now before the Ninth Circuit for decision of the legal question that is likely to be decisive:  which law governs?

The district court and the court of appeals have so far framed the issue as a binary choice: the governing law on the merits is either that of Spain or that of California.   I suggest here that the issue is better framed as a choice between the law of Spain, on the one hand, and the laws of all the other states or countries with connections to the dispute, on the other.  (Disclosure: I submitted expert declarations in support of the plaintiffs on issues of public international law during earlier phases of this case.)

The U.S. Court of Appeals for the Ninth Circuit has affirmed the district court’s holding that, under the law of Spain, the plaintiff loses because the museum acquired title to the painting through adverse possession (otherwise known as acquisitive prescription).  It is equally clear that, under the law of California, the plaintiff would prevail because California does not recognize the acquisition of title to moveable property through adverse possession.  What has so far not featured prominently in the courts’ analyses of the choice-of-law issue is that the plaintiff would also prevail under the laws of all the other jurisdictions that have relevant connections to the dispute.  Under governmental interest analysis, this should be central to the analysis. Read more

News

ZEuP – Zeitschrift für Europäisches Privatrecht 2/2025

A new issue of ZEuP – Zeitschrift für Europäisches Privatrecht is now available and includes contributions on EU private law, comparative law and legal history, legal unification, private international law, and individual European private law regimes. The full table of content can be accessed here.

The following contributions might be of particular interest for the readers of this blog:

  • Anspruchsverjährung im deutsch-spanischen Rechtsverkehr
    David Cuenca Pinkert and Alexander Kronenberg on the statute of limitation in cross-border situations involving Germany and Spain: Against the background of the relevance of the application of foreign law in practice, the article analyses the institute of the statute of limitations under Spanish substantive law and also deals with similarities and differences to German law as well as selective references to conflict of laws and particularities. Due to its practical relevance, the article focuses on the treatment of the limitation period for tortious claims for damages, especially as a result of road traffic accidents.
  • EGMR „Klimaseniorinnen“ – Konsequenzen für private Klimaklagen?
    Marc-Philippe Weller and Franka Weckner comments on the decision by the ECtHR in Klimaseniorinnen and discuss the consequences of this decision for climate litigation brought before civil courts.

ABLI-HCCH webinar: Electronic Service of Documents and Remote Taking of Evidence (10 July 2025)

Written by Catherine Shen, Senior Assistant Director, ABLI

Following successful sessions in 2021, 2022 and 2023, the Singapore-based Asian Business Law Institute (ABLI) and the Permanent Bureau of the Hague Conference on Private International Law (HCCH) return after a one-year hiatus with their fourth joint webinar, this time on electronic service of documents and remote taking of evidence.

Titled Cross-border Commercial Dispute Resolution – Electronic Service of Documents and Remote Taking of Evidence, the webinar will take place on Thursday 10 July between 5 to 6:10pm (Singapore time) or 11am to 12:10 noon (CEST), and is expected to discuss, among others, electronic transmission of requests under the Service Convention, such as the use of IT for communication among Central Authorities and other competent authorities, service by electronic means across different jurisdictions, and remote taking of evidence by video-link and electronic evidence under the Evidence Convention.

Invited speakers include Melissa Ford, Secretary of HCCH,  Lucinda Orr, Partner of Enyo Law LLP, Justice Anselmo Reyes, International Judge of the Singapore International Commercial Court, and Dr Xu Guojian, Senior Partner of SGLA Law Firm.

More about the webinar and its speakers can be found in the flyer.

For more information or to register, click here. Early bird discount is available till 10 June. Queries about the webinar can be directed to Catherine of ABLI at abli_info@abli.asia.

XVIII ASADIP Conference – Rio de Janeiro, 7-9 August

Registration has now opened to participate in the XVIII ASADIP Conference – Regional Imaginaries, Global Resonance: Inter-American Private International Law and the World Stage, to be held in the city of Rio de Janeiro, Brazil from 7 to 9 August 2025. This year, ASADIP is organising the Conference in collaboration with the Organisation of American States, on the occasion of the 50th anniversary of the Inter-American Conference on Private International Law and the OAS Course on International Law. Preliminary programme, registration link and further info.

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