German lawmaker steps down for using surrogacy to have a child with gay partner

A senior figure in German Chancellor Friedrich Merz’s centre-right Christian Democratic Union (CDU), Jens Spahn, has resigned as chairman of the party’s parliamentary group following controversy over his use of a surrogate mother in the United States despite Germany’s ban on surrogacy.

Spahn announced his decision in a letter to colleagues on Saturday, July 18, saying his decision to start a family with his husband had become incompatible with his political responsibilities. “In recent days, I have come to realise that my personal happiness in starting a family with my husband and becoming a father is incompatible with my political office,” Spahn wrote in the letter obtained by AFP.

The resignation follows widespread criticism after German media reported earlier this week that Spahn and his husband had welcomed a child born through a surrogate in the United States. The CDU has consistently opposed surrogacy and reaffirmed its support for Germany’s ban during a party congress in February.

Chancellor Friedrich Merz accepted Spahn’s resignation, describing the move as “right and unavoidable.” While praising Spahn’s role in helping return the CDU to government, Merz said, “Credibility is the most valuable asset in politics.”

Spahn had initially defended his decision, telling Bild newspaper in a podcast interview on Friday, July 17, that he had “wrestled” with the issue of surrogacy before deciding to pursue parenthood through the process. However, he later acknowledged that balancing his private decision with the expectations of leading the CDU parliamentary group had proven more difficult than anticipated.

The controversy prompted criticism from within the CDU, with several party members calling for Spahn to step down. Opposition politicians also accused him of hypocrisy, arguing that he had circumvented laws his party supports by pursuing surrogacy abroad.

Luigi Pantisano of the Left Party (Die Linke) said the episode exposed a double standard, arguing that ordinary citizens are expected to follow the law while politicians with sufficient resources can seek alternatives overseas.

Within the CDU, Mecklenburg-Western Pomerania regional chairman Daniel Peters described Spahn’s decision as “completely unacceptable,” while Hubert Hueppe, head of the party’s senior members’ group, said he was “personally shocked,” arguing the issue centred on the potential exploitation of women through surrogacy.

Merz had indicated on Friday that the CDU’s national executive committee would discuss the matter, reiterating that he saw no reason to amend Germany’s ban on surrogacy or change the party’s longstanding opposition to the practice. Sources close to Spahn told Focus magazine that the couple chose the United States because of regulations they believe provide stronger protections for surrogate mothers.

Spahn, 46, previously served as Germany’s health minister during the COVID-19 pandemic under former Chancellor Angela Merkel. In recent years, he emerged as a leading voice on the CDU’s conservative wing, advocating stricter immigration policies.

Green Party parliamentary leader Franziska Brantner said Spahn’s resignation was overdue, although she described the surrogacy controversy as only the latest in a series of issues surrounding the former minister. She nevertheless wished him well in his personal life.