When Jens Spahn announced this week that he and his husband had become parents via a surrogate mother in the United States, the German politician probably expected congratulations. Instead, he faced a storm of criticism that ended with his resignation as parliamentary leader of the country's governing Christian Democrats (CDU) on Saturday. The controversy is not about his child, but about surrogacy itself — a practice that is banned in Germany, which Spahn had previously criticised and actively opposed as health minister. His case shines a light on the complex and often contradictory laws that govern surrogacy around the world, and raises questions about the ethics of a system that is illegal at home but accessible abroad.
Surrogacy is an arrangement in which a woman carries and gives birth to a child for another person or couple. It can be "traditional" (using the surrogate's own egg) or "gestational" (using an embryo created from the intended parents' or donors' gametes). Under Germany's 1990 Embryo Protection Act, surrogacy is a criminal offence punishable by up to three years in prison or a fine. However, the law does not penalise parents who bring a child born through a surrogate abroad into the country. This loophole has made overseas surrogacy — particularly in the US, where commercial surrogacy is legal in many states — a common option for German couples, including same-sex couples.
“Explains surrogacy laws in Germany and UK after CDU leader's resignation over using a US surrogate.”
Spahn, 46, had long been a vocal opponent of surrogacy. In 2015 he wrote that "as a gay man and a Christian I find it personally very hard to warm to the idea of a rented womb." As health minister in 2020, he rejected calls from the liberal FDP to relax the ban. His CDU party reaffirmed its opposition to surrogacy at a party conference in February 2026, when Spahn's surrogate was already about four months pregnant. When Spahn and his husband Daniel Funke announced the birth of their son Georg this week, critics — including members of his own party — accused him of hypocrisy. "Politicians who set standards for others must be measured by them too," said CDU politician Marion Rosin. Under pressure, Spahn resigned, saying his "personal happiness" had become "incompatible" with his political office.
For UK readers, the contrast with British law is striking. Surrogacy is legal in the UK, but commercial surrogacy is not: it is illegal to pay a surrogate more than "reasonable expenses" under the Surrogacy Arrangements Act 1985. Intended parents can obtain legal parenthood through a parental order after the child is born. The UK system aims to prevent exploitation while allowing surrogacy to happen. However, it is not without controversy. Critics argue that the ban on commercial surrogacy drives couples abroad — much like German couples do — to countries with fewer safeguards. The case of Spahn also highlights a tension at the heart of surrogacy: can someone who argues against the practice, on ethical or religious grounds, then use it to build their own family?
Q: Is surrogacy legal in the UK? Yes, but with strict rules. Surrogacy agreements are not legally enforceable, and it is a criminal offence to pay a surrogate more than "reasonable expenses" (e.g., medical costs, loss of earnings). The surrogate has the right to keep the child after birth, unless a parental order transfers parenthood to the intended parents, usually granted if the child is genetically related to one of them and the surrogate gives consent.
Q: What is the difference between commercial and altruistic surrogacy? Commercial surrogacy involves paying the surrogate a fee beyond her expenses, often considered a form of payment for her service. Altruistic surrogacy means the surrogate receives no financial gain beyond direct costs. Germany bans all surrogacy, while the UK allows only altruistic surrogacy. In the US, commercial surrogacy is legal in many states, which is why Spahn and many others go there.
Q: Why is surrogacy controversial? Opponents argue it commodifies women's bodies and children, exploits economically vulnerable women, and can lead to legal battles over parenthood. Supporters say it allows people who cannot carry a pregnancy — including same-sex couples, infertile individuals, and those with medical conditions — to have biological children. The ethical debate often centres on whether surrogacy should be regulated or banned, and how to protect all parties involved.
What happens next in Germany? Spahn's parliamentary group duties have been temporarily taken over by Alexander Hoffmann of the CDU's sister party, the Christian Social Union. Chancellor Friedrich Merz, who called Spahn's resignation "right and inevitable," will appoint a permanent successor. The CDU's position on surrogacy remains unchanged; the party reaffirmed its support for the ban in February. But Spahn's case has reopened public debate about Germany's strict law, especially as more couples seek surrogacy abroad. It also serves as a cautionary tale for politicians everywhere: when you help write the rules, you must be seen to live by them — or risk losing your job.
