Spahn and Funke Welcome Son Georg – CDU Reaffirms Ban on Surrogacy

In Germany, surrogacy is prohibited, as is its facilitation. Doctors who participate in a surrogacy arrangement can also face criminal liability. Surrogacy contracts are considered contrary to public policy and are legally invalid. However, raising a child born abroad through surrogacy is not a criminal offense, nor do the intended parents commit any crime.

Legal Situation in Germany

At a party convention in February, the CDU reaffirmed, citing ethical, legal, and practical concerns: "Angesichts ethischer, rechtlicher und praktischer Bedenken gegenüber Leihmutterschaft bekräftigt die CDU Deutschlands ihre Forderung, Leihmutterschaft - auch in altruistischen Modellen - in Deutschland weiterhin zu verbieten, um Missbrauch, Ausbeutung und gesundheitliche Risiken zu verhindern." A party spokeswoman told dpa that there is a clear party convention resolution and no reason to change the current legal situation: "Die geltende Rechtslage in Deutschland soll aus Sicht der Partei bleiben, wie sie ist."

The Federal Ministry for Family Affairs stated in response to a request from the Funke Mediengruppe: "Der Koalitionsvertrag sieht keine Änderung der aktuellen Rechtslage vor." A commission appointed by the former "Ampel" coalition had already concluded in March 2023 that legalizing egg donation would be constitutionally permissible.

Costs and Practice in the USA

In the USA, surrogacy is permitted, with each state setting its own rules; compensation of the surrogate is generally possible. According to reports, agencies offer matching services for $140,000 to $160,000 USD, and total costs per child can range from $100,000 to $250,000 USD according to studies, including agency fees, legal costs, and insurance expenses. According to one advisory website, the surrogate's typical compensation accounts for roughly half of the total costs.

Legal parenthood can be recognized under German case law on a case-by-case basis if at least one parent is genetically related to the child. In principle, German law considers the woman who gave birth to the child to be the legal mother – even in the case of a surrogacy abroad.

Rainbow Families in Numbers

According to data from the Federal Statistical Office, around 31,000 same-sex couples with children lived in Germany in 2024, including 9,000 male couples. Destatis put the total number of children in rainbow families at 50,000, or 62,000 including adult children. The Lesbian and Gay Association (LSVD) stated that children of gay male couples often come from one partner's previous heterosexual relationship; 54 percent of gay fathers have foster children. "Einige wenige schwule Väter entscheiden sich für leibliche Kinder mittels einer Leihmutterschaft," the LSVD said.

The photo of Spahn and Funke with the pram sparked numerous critical comments on social media. Spahn had previously positioned himself against surrogacy, which further fueled the debate. Bundestag President Julia Klöckner (CDU) congratulated the couple on their family happiness on Instagram.

International Regulations at a Glance

Freiburg medical ethicist Giovanni Maio warned in an interview with the Catholic News Agency (KNA) against reducing women to their capacity to bear children: "Sie berge die Tendenz, die Mutter 'auf ihre austragende Funktion zu reduzieren, sie selbst zu einem Objekt zu machen'."

Within the EU and beyond, the regulation of surrogacy is inconsistent. Canada permits only the altruistic form; Greece allows it under certain conditions and with court approval. Ukraine, once an important destination for intended parents, long permitted commercial surrogacy, though this has become considerably more complicated since the Russian war of aggression. Other frequently cited destination countries include Russia and Georgia. German couples, according to reports, also frequently seek arrangements abroad.

Political Reactions and Debate

In a surrogacy arrangement, the embryo is created in a test tube from an egg and a sperm and placed in the surrogate's uterus, which has been hormonally prepared for the pregnancy beforehand. In one variant, the surrogate also provides the egg cell and is thus the genetic mother; in another variant, she merely carries the embryo and is not the genetic mother. Matched surrogates undergo medical examinations and must, for example, refrain from alcohol and cigarettes.

The debate over the recognition of foreign surrogacy arrangements has been politically contentious in Germany for years. While critics point to risks of exploitation and the reduction of women, advocates emphasize the right to family formation and the welfare of children already born.

Reactions from politics and society paint a divided picture: while some politicians, including Julia Klöckner, offered congratulations, others pointed to the contradiction with Spahn's earlier positions. The CDU as a party, at any rate, is sticking to its line of opposition, and likewise sees no opening provided for in the current federal government's coalition agreement.