Why did Jens Spahn's surrogacy spark debate in Germany?
Jens Spahn, a key ally of Chancellor Friedrich Merz, is stepping down amid a controversy surrounding his decision to have a child via a surrogate
Jens Spahn, a key ally of Chancellor Friedrich Merz, is stepping down amid a controversy surrounding his decision to have a child via a surrogate mother. He had opposed legalizing surrogacy in Germany. Jens Spahn, the chair of the center-right conservative party CDU's faction in parliament, resigned his leadership post on Saturday amid controversy over his use of a surrogate mother despite a ban on the practice in Germany. "In recent days, I have come to realize that my personal happiness in starting a family with my husband and becoming a father is incompatible with my political office," Spahn wrote in a letter to colleagues. Spahn's surrogacy use sparks political debate Earlier this week, Spahn and his husband announced that they became 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." Spahn (right) and Daniel Funke, seen here at an event in 2025, were married in 2017 Image: Annette Riedl/dpa/picture alliance The news sparked a political debate, because such a procedure would be prohibited in Germany. Surrogacy is a process in which a woman carries and delivers a child for a couple or individual, 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, 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. Spahn, Germany's former federal health minister, 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, as 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. 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.
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