Spahn Under Pressure After US Surrogacy: Criticism from Union and Opposition
Berlin, 17 July 2026
Superbass / Wikimedia Commons / CC BY-SA 4.0
Summary
The CDU/CSU parliamentary group leader Jens Spahn has had a child via a surrogate mother in the United States, putting him at odds with his own party's line. Calls for his resignation and accusations of double standards are coming from both the Union and the opposition.
Berlin, 17 July 2026
The CDU/CSU parliamentary group leader Jens Spahn has had a child via a surrogate mother in the United States and is therefore facing sharp criticism from within his own party and from the opposition.
Jens Spahn, chairman of the CDU/CSU parliamentary group in the Bundestag, publicly announced on Wednesday that he and his husband Daniel Funke have become parents of a son. The child, whose name is Georg, was carried by a surrogate mother in the United States, according to Spahn. On Instagram, Spahn wrote: "Dieses Gefühl lässt sich kaum in Worte fassen." He told the tabloid "Bild": "Mein Mann ist Papa geworden, und ich mit ihm." The two have known each other since 2010 and married in 2017.
The news immediately triggered a debate within the Union about the compatibility of private actions and political positions. As recently as February 2026, the CDU had passed a resolution at a federal party congress in Stuttgart reaffirming the ban on surrogacy in Germany. The resolution states: "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."
Party Congress Resolution and Previous Position
Spahn himself had been critical of surrogacy in the past. In 2015, he wrote in "GQ" magazine: "Als schwuler Mann und Christ kann ich mich persönlich nur sehr schwer mit der Idee eines gemieteten Mutterbauchs anfreunden." In 2020 as well, when the FDP sought to spark a debate on liberalization, he was aligned with the CDU's position. He has now acknowledged having "in voller Absicht über in Deutschland geltendes Recht hinweggesetzt" ("deliberately set aside the law in force in Germany").
The criticism from within his own ranks was pointed. The federal chairman of the Senior Citizens' Union, Hubert Hüppe, told "Focus" magazine that he was shocked. The Thuringia state chair of the Women's Union, Marion Rosin, expressed similar sentiments. CDU politician Christoph Peters told "Bild": "Jens Spahn ist als Vorsitzender der Unionsfraktion nicht mehr tragbar und muss zurücktreten." As justification, it was noted that Spahn, as parliamentary group leader, has "eine besondere Vorbildfunktion innerhalb der Union" ("a special role-model function within the Union").
Criticism from Within the Ranks
Sharp criticism also came from the opposition. Kathrin Gebel, women's policy spokesperson for the Left parliamentary group, declared: "Politische Maßstäbe sollten auch dann gelten, wenn das eigene Leben betroffen ist." Janosch Dahmen, health policy spokesperson for the Greens, accused Spahn of double standards: "Wer Regeln politisch propagiert, sollte nachvollziehbar erklären, warum sie für ihn selbst offenbar nicht gelten sollen." Greens co-chair Felix Banaszak told the television channel "Welt TV": "Ich glaube, das muss er jetzt auch tun." He said he found it understandable "dass das auch insbesondere in der Union für Irritation sorgt und auch über die Union hinaus" ("that this causes irritation especially within the Union and beyond it as well").
Spahn announced he would be open to questions about his fatherhood. He said the ethical questions surrounding surrogacy are "nicht trivial" ("not trivial"). He said he had consciously decided against the natural route: "Zu akzeptieren, dass ich nicht auf natürlichem Weg Vater werde, verlangt ein großes Maß an Demut. Ob ich das aufbringen kann, weiß ich nicht." Daniel Funke also spoke out: "Uns ist bewusst, dass beim Thema Leihmutterschaft oft Unsicherheit herrscht und auch manches Vorurteil besteht."
Legal Situation in Germany
As things stand, Spahn and Funke do not have to fear any legal consequences. Although surrogacy is banned in Germany, the penalties apply mainly to brokers and medical personnel. The intended parents themselves operate in a grey area. Those who use a surrogate abroad must expect fines, which according to one report can range from 600,000 to one million euros.
The case throws a spotlight on the legal situation in various countries. In the United States, agencies charge between 100,000 and 200,000 dollars. In Denmark, a law came into force on 1 January 2025 that allows Danes to establish parenthood of a child born to a surrogate; the surrogate must be at least 25 years old, live in Denmark, and have already given birth to a child. Costs there run to up to 70,000 euros. In Italy, surrogacy was banned in 2004 under Prime Minister Silvio Berlusconi and was made a universal crime in 2024 under Giorgia Meloni. Spain has prohibited it since 2006 and tightened the rules in April 2025. Ukraine counts among the most permissive regulations worldwide, with the practice having been permitted there since 2004.
International Comparison
In Britain, the case of the now 69-year-old Cotton attracted attention: in 1985 she carried a child for a Swedish couple and received the equivalent of around 10,000 euros. Before the full-scale Russian invasion, estimates in Ukraine put the number of surrogate births at no fewer than 1,500 per year.
Spahn is under political pressure but has so far ruled out resignation. The 46-year-old has already weathered several scandals in his career. Whether the wave of criticism will ebb this time remains uncertain. Within the CDU, there is discussion about whether a leading politician's personal decision is compatible with the party's political line. A spokesperson for the Union parliamentary group said: "Es ist immer besser, wenn man im Einklang mit dem lebt, was man in sein eigenes Programm schreibt und auch politisch von anderen erwartet." However, the parliamentary group leader's personal decision was not something they wished to judge.
Double Standards or Private Matter?
The debate touches on a fundamental question: how much latitude do politicians have to act privately in ways that differ from what they advocate politically? Spahn claims "für sich in Anspruch, als Privatperson ganz anders handeln zu können als er als CDU-Mandatsträger abstimmt" ("the right, as a private person, to act quite differently from how he votes as a CDU officeholder"), "Bild" wrote. Critics see this as a credibility problem. Hubert Hüppe put it this way: "Es ist nicht gut, wenn sich Politiker mit Macht und Geld darüber hinwegsetzen."
Spahn received support from abroad: Sweden's conservative Moderaterna had already called before the 2022 parliamentary election for altruistic surrogacy to be permitted, campaigning in a video titled "Für das Recht aller auf Elternschaft" ("For everyone's right to parenthood"). Several hundred NGOs from more than 40 countries also support this demand.
Outlook: Will the Ban Remain?
In Germany, surrogacy remains "uneingeschränkt verboten" ("unconditionally prohibited") following the February 2026 party congress resolution. The resolution expressly prevents "dass in Deutschland kommerzielle oder neutrale Modelle entstehen, die Leihmutterschaft zu einem Geschäftsmodell machen" ("commercial or neutral models from emerging in Germany that turn surrogacy into a business model"). Whether the Spahn case will reignite the debate over liberalization will become clear in the coming weeks.
On Wednesday, Spahn announced that he and his husband had become parents. When asked, he said only that he had become a father on Friday of the previous week (10 July 2026). Reactions from politics and society show that the question of surrogacy remains highly contentious in Germany — and that personal decisions by leading politicians receive particular attention amid these tensions.
Questions & Answers
How has Jens Spahn responded to the criticism?
Spahn acknowledged having "in voller Absicht über in Deutschland geltendes Recht hinweggesetzt" and announced he would be open to questions about his fatherhood. He has not so far explicitly ruled out resignation.
What did the CDU resolve at the party congress in Stuttgart?
In February 2026 in Stuttgart, the CDU reaffirmed its demand that surrogacy — including altruistic models — continue to be banned in Germany, in order to prevent abuse, exploitation, and health risks.
What legal consequences do couples face who use a surrogate abroad?
Surrogacy is banned in Germany; the penalties for surrogacy carried out abroad correspond to those for domestic offences and can include fines between 600,000 and one million euros as well as prison sentences ranging from two months to three years.
Spahn Surrogacy: Criticism from CDU and Opposition | allfacts360
