German parliamentary group leader Jens Spahn resigns over surrogacy controversy

German health minister and former health secretary Jens Spahn stepped down as parliamentary group leader of the governing Christian Democratic Union (CDU) and Christian Social Union (CSU) coalition this week after it emerged that he and his husband had a child through a surrogate mother in the United States.

Surrogacy is prohibited by Germany’s 1990 Embryo Protection Act, which allows up to three years imprisonment or a fine for arranging the practice. The law does not penalise parents who bring a child born abroad into Germany.

Spahn’s resignation followed a statement in which he said, "I have realised that my personal happiness – founding a family together with my husband and becoming a father – is not compatible with my political office." He also reflected on the increasing pressure of public discourse.

The Chancellor of Germany, Friedrich Merz, praised the decision as "right" and "inevitable", adding that credibility is the highest asset in politics and that he would pursue a suitable successor for the group leader role.

The controversy hit home with critics pointing out that Spahn had previously opposed commercial surrogacy, and in 2020, as health minister, he rejected a liberal FDP proposal to relax the surrogacy ban. In 2015 he described the idea of a rented womb as personally difficult for him as a gay man and a Christian.

Spahn and his husband, Daniel Funke, announced their pregnancy earlier this week, pulling up a wave of criticism from politicians across parties. Some political commentators argued that Spahn had disregarded German law by acting privately in a way that contradicted his public stance.

In response, Alexander Hoffmann, the head of the CSU parliamentary group, will act as temporary leader until a new permanent replacement is selected.

Surrogacy remains banned in several European countries, including France, Spain and Italy. In recent months, France’s top court recognized children born through foreign surrogacy as belonging to their intended parents, and Italy’s 2024 policy explicitly prohibits Italians from using surrogacy abroad.