Conservative politician Jens Spahn and her husband have announced that they have become parents with the help of a surrogate mother in the US. “It’s hard to put this feeling into words.” Spahn told the German mass circulation tabloid Picture. “My husband has become a father and so have I. George is our whole world.”
The news has sparked political debate as such a procedure would be banned in Germany.
A surrogate mother makes her body available to carry a child and is usually paid for doing so. Spahn’s party, the center-right Christian Democratic Union (CDU), strongly opposes legalizing it in Germany.
As recently as February 2026, the party passed a resolution reiterating this at its federal party conference.
The resolution states, “In light of the ethical, legal and practical concerns regarding surrogacy, Germany’s CDU confirms its demand that surrogacy, including the altruistic model, remain prohibited in Germany in order to prevent abuse, exploitation and health risks.”
Jens Spahn, Germany’s former Federal Health Minister and currently leader of the CDU/CSU parliamentary group in the Bundestag, was present at the conference. At the time, a surrogate mother based in the US was already pregnant with Spann’s husband Daniel Funke’s child.
Spann and her husband don’t have to fear legal consequences. Surrogacy is not restricted in the US. In Germany, only the doctors and mediators involved will be liable for prosecution. In Germany it is not illegal to raise a child born abroad through a surrogate mother.
Jens Spahn has spoken out against surrogacy
Throughout her career, Spann has consistently expressed criticism of surrogacy. In 2015 he told gq magazine: “As a gay man and a Christian, I personally find it very difficult to agree with the idea of ’surrogacy’.”
However, he said at the time: “Accepting that I will not be a father naturally requires a great deal of humility. I don’t know if I would be able to muster it.”
In 2020, the opposition neoliberal Free Democratic Party (FDP) sought to open a debate on liberalizing Germany’s surrogacy laws when Spahn was health minister. He opposed the move, citing familiar CDU arguments, but also argued that surrogacy could lead to “particular difficulties in the child’s sense of identity”. Now, he has been accused of double standards.
Daniel Peters, head of the CDU in the state of Mecklenburg-West Pomerania, is demanding Spahn’s resignation.
“Jens Spahn is no longer acceptable as chairman of the Central Parliamentary Group and must resign,” Peters said. Picture. As parliamentary group leader, Spahn “has a special role as a role model within the Union.” By using a surrogate mother in the US, he “knowingly violated the law in force in Germany.”
“Furthermore, his claim that as a private individual, he can act in a completely different manner is contrary to his stated position as an elected official of the CDU,” Peters said. “This is absolutely unacceptable,”
CDU senior organization chairman Hubert Huppe said Center Magazine that he was stunned.
“Surrogacy is legally prohibited in Germany,” he said. “It is not right for politicians to use their power and money to circumvent that ban.”
There has also been criticism from the opposition. Catherine Gebel, spokeswoman for women’s issues for the Socialist Left Party, argued, “Political standards should also apply to private life.”
The Greens’ health policy spokesman János Dahmen accused Spahn of double standards: “Any politician who promotes rules must clearly explain why they clearly do not apply to him personally.”
Chancellor and CDU leader Friedrich Merz has avoided public criticism. In response to a journalist’s question, she simply said that she had been informed by Spahn last Friday (July 10) that she and her husband were going to become parents and that he had congratulated her on the news.
It remains to be seen whether this debate will harm Jens Spahn politically. The 46-year-old has faced several scams in the past. During the COVID-19 pandemic, he was responsible for the exorbitant purchase of protective masks, which later led to billion-dollar legal disputes with suppliers. Although the scandal continues to haunt Spann to this day, he remains politically influential.
This article has been translated from German.