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German MP Jens Spahn forced to resign after welcoming child via surrogate with husband

Surrogacy is illegal in Germany, and Spahn has repeatedly opposed proposals to ease the ban

By Callum Wells

Daniel Funke and Jens Spahn at Burda Sommerfest 2018
Daniel Funke and Jens Spahn at Burda Sommerfest 2018 (Image: Clemens Porikys for Hubert Burda Media/Flickr)

German politician Jens Spahn has resigned as leader of the CDU/CSU parliamentary group after facing criticism for becoming a father through surrogacy.

Spahn announced his resignation on Saturday (18 July) in a statement, days after revealing that he and his husband, Daniel Funke, had welcomed a child via a surrogate in the US.

Surrogacy is illegal in Germany, and Spahn has repeatedly opposed proposals to ease the ban. While German law prohibits domestic surrogacy, people can legally raise children born through the practice overseas.

The announcement followed criticism from politicians across Germany

In a statement announcing his resignation, 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.

“The balancing act between my private decision to have a child through surrogacy and the understandable expectations placed on me as Chairman of our parliamentary group has become greater than I anticipated.”

Spahn also said the “increasing relentlessness in public discourse” had given him “deep pause for thought”, adding: “Despite all clarity and decisiveness regarding the issues, let us always remain human in our tone.”

The announcement followed criticism from politicians across Germany, including members of his own party, who argued that Spahn’s personal decision conflicted with his longstanding opposition to changing the country’s surrogacy laws.

German chancellor Friedrich Merz accepted Spahn’s resignation, calling it “right” and “inevitable”

As health minister in 2020, Spahn wrote that “as a gay man and a Christian I find it personally very hard to warm to the idea of a rented womb”. The CDU reaffirmed its support for the ban earlier this year.

German chancellor Friedrich Merz accepted Spahn’s resignation, calling it “right” and “inevitable”.

“Credibility is the highest asset in politics,” Merz said, confirming that the process of appointing a successor would begin immediately.

Alexander Hoffmann, leader of the Christian Social Union’s parliamentary group, is expected to take over the role on an interim basis. He said: “Jens Spahn’s decision deserves the utmost respect.”

Which European countries prohibit surrogacy?

Germany is one of several European countries that prohibit surrogacy, alongside France, Spain and Italy.

While intended parents can legally raise children born through surrogacy abroad in Germany, arranging a surrogate pregnancy within the country remains a criminal offence.