Politics
Key Merz ally steps down over surrogacy controversy
Key Points
Key Merz ally steps down over surrogacy controversy Published July 17, 2026last updated July 18, 2026Jens 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,"...
Key Merz ally steps down over surrogacy controversy
Published July 17, 2026last updated July 18, 2026Jens 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."
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. I don't know if I can muster that."
In 2020, the opposition neoliberal Free Democratic Party 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.
'Political standards should apply to private life as well'
Daniel Peters, head of the CDU in the state of Mecklenburg-Western Pomerania , had called for Spahn's resignation.
"Jens Spahn is no longer acceptable as chairman of the Union parliamentary group and must resign," Peters told BILD on Friday. 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 had 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," he said.
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 face 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 was originally written in German.
July 18, 2026: This article has been updated with the news of Spahn's resignation.