Germany debates surrogacy and hypocrisy

Conservative politician Jens Spahn and his husband have announced that they have become parents with the help of a surrogate mother in the US. "It's hard to put this feeling into words." Spahn told German mass-circulation tabloid BILD: "My husband has become a dad, and so have I. Georg is our whole world."

The news has sparked a political debate because such a procedure would be prohibited in Germany.

A surrogate mother makes her body available to carry a baby to term and is typically paid for doing so. Spahn's party, the center-right Christian Democratic Union (CDU) is staunchly opposed to making this legal in Germany.

As recently as February 2026, the party passed a resolution reiterating this at their federal party convention. "In light of ethical, legal, and practical concerns regarding surrogacy, the CDU of Germany reaffirms its demand that surrogacy — including altruistic models — remain prohibited in Germany in order to prevent abuse, exploitation, and health risks," read the resolution.

Jens Spahn, Germany's former federal Health Minister and currently leader of the CDU/CSU parliamentary group in the Bundestag, was present at the convention. At the time, a surrogate mother based in the US, was already pregnant with the child of Daniel Funke, Spahn's husband.

Spahn and his husband don't have to fear legal consequences. Surrogacy is not prohibited in the US. In Germany, only the doctors and intermediaries involved would be liable to prosecution. It is not illegal in Germany to raise a child who was born abroad to a surrogate mother.

Jens Spahn has spoken out against surrogacy

Throughout his career, Spahn has consistently expressed criticism of surrogacy. In 2015, he told GQ magazine: "As a gay man and a Christian, I personally find it very difficult to come to terms with the idea of a 'rented womb.'"

However, he added at the time: "Accepting that I will not become a father naturally requires a great deal of humility. I don't know if I can muster that."

In 2020, the opposition neoliberal Free Democratic Party (FDP) sought to initiate a debate on liberalizing Germany's surrogacy laws, when Spahn was health minister. He opposed the move, citing the CDU's familiar arguments, but also arguing that surrogacy could lead to "particular difficulties in the child's sense of identity." Now, he stands accused of double standards.

Two fathers, two babies

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Daniel Peters, head of the CDU in the state of Mecklenburg-Western Pomerania , is calling for Spahn's resignation. "Jens Spahn is no longer acceptable as chairman of the Union parliamentary group and must resign," Peters told BILD. As parliamentary group leader, Spahn has "a special role as a role model within the Union." By using a surrogate mother in the US, he "deliberately flouted the law that's in force in Germany."

"Furthermore, he claims that, as a private individual, he can act in a completely different way that contradicts his stated position as a CDU elected official," Peters added. "That is absolutely unacceptable,"

Hubert Hüppe, chairman of the CDU seniors' organization, told Focus magazine that he was shocked: "Surrogacy is rightly banned in Germany," he said. "It's not right for politicians to use their power and money to circumvent that ban."

Criticism has also been voiced by the opposition. "Political standards should apply to private life as well," Kathrin Gebel, spokesperson for women's issues for the socialist Left Party, argued.

Janosch Dahmen, health policy spokesperson for the Greens, accused Spahn of double standards: "Any politician who promotes regulations should explain clearly why they apparently don't apply to him personally."

Chancellor and CDU leader Friedrich Merz has refrained from public criticism. In response to a journalist's question, he simply said that he had been informed by Spahn last Friday (July 10) that he and his husband were going to become parents, and that he had congratulated him on the news.

It remains to be seen whether this debate will harm Jens Spahn politically. The 46-year-old has weathered plenty of scandals in the past. During the COVID-19 pandemic, he was responsible for the overpriced purchase of protective masks, which later led to legal disputes with suppliers worth billions. Although the scandal continues to haunt Spahn to this day, he has remained politically influential.

This article has been translated from German.