CDU leader criticised over alleged double standards as debate over Germany’s surrogacy ban intensifies
German centre-right politician Jens Spahn is facing calls to resign after revealing that he and his husband became parents through a surrogate mother in the United States, sparking criticism over his past support for Germany’s strict ban on surrogacy.
Spahn, who serves as parliamentary group leader of the Christian Democratic Union (CDU) and Christian Social Union (CSU), announced that he and his husband Daniel Funke had welcomed their son, Georg.
Sharing the news, Spahn described the child as their “greatest joy”, while Funke posted a picture of the couple with a pram alongside the message “We Are Family”.
However, the announcement has triggered controversy because surrogacy remains illegal in Germany under the country’s Embryo Protection Act. The law prohibits the practice domestically, with violations carrying possible criminal penalties.
Although German law does not prevent citizens from raising children born through surrogacy abroad, critics argue that Spahn’s personal decision conflicts with his political position and previous statements supporting restrictions.
Marion Rosin, a CDU politician in Thuringia and member of the Women’s Union, said politicians who establish rules must also be judged by those standards.
“If that credibility is gone, resignation is a matter of consequence,” she said.
Critics have highlighted Spahn’s previous opposition to easing Germany’s surrogacy laws. During his time as health minister in 2020, he rejected calls from the liberal Free Democratic Party (FDP) to relax restrictions on the practice.
In 2015, Spahn also wrote that “as a gay man and a Christian” he found it difficult to support the idea of a “rented womb”.
The CDU reaffirmed its opposition to surrogacy earlier this year, arguing that allowing the practice could lead to commercialisation and create a system where childbirth becomes a business model.
Several politicians from across Germany’s political spectrum have criticised Spahn, with some accusing him of applying one standard publicly while following another privately.
Green Party leader Felix Banaszak said he wished Spahn and his husband well but argued that the wider ethical debate surrounding surrogacy required political transparency.
CDU health spokesman Janosch Dahmen said the issue was not about the birth of a child but about political consistency.
“Anyone who advocates for rules politically should be able to explain clearly why those rules apparently do not apply to them personally,” he said.
The strongest criticism has come from within Spahn’s own political alliance. CDU politician Daniel Peters said Spahn’s position was no longer sustainable and called for him to step down.
Peters argued that Spahn had ignored German law while continuing to support restrictions that affect others.
CSU politician Klaus Holetschek also defended Germany’s current ban, saying he respected Spahn’s personal decision but maintained that the party’s political position remained unchanged.
The controversy has reignited a broader debate in Germany about whether surrogacy laws should be reconsidered, especially as more citizens seek the option abroad.
For Spahn, the issue has become a challenge to his political credibility, with critics questioning whether lawmakers should be held to the same standards as the laws they support.
