Jens Spahn, the parliamentary group leader of the German Christian Democrats (CDU) and Christian Social Union (CSU), announced this week that he and his husband had become parents to a son born via a surrogate in the United States. The revelation has intensified scrutiny because surrogacy is criminalised in Germany under the 1990 Embryo Protection Act, and Spahn has previously opposed legalising the practice.
Party colleagues demand answers
Politicians across the Bundestag — including figures within Spahn’s own party — have questioned his decision and urged accountability. Marion Rosin, a CDU member active in the party’s Women’s Union in Thuringia, said ethical consistency is essential for public officials and suggested resignation could follow the loss of credibility.
"Politicians who set standards for others must be measured by them too. If that credibility is gone, resignation is a matter of consequence."
Chancellor and CDU leader Friedrich Merz said the matter would be discussed at the party’s next executive meeting and acknowledged the issue touched "on a human level, legally, socially and ethically" for many people in Germany.
Legal and political context
Under the Embryo Protection Act of 1990, surrogacy in Germany carries criminal penalties including potential imprisonment up to three years or fines. While there is no explicit prohibition on returning to Germany with a child born abroad to a surrogate, the law and political consensus historically have opposed the practice. The CDU has maintained a firm stance against legalising surrogacy.
Spahn’s announcement described the child as "Georg" and spoke to his and his husband’s joy at becoming parents. His husband, Daniel Funke, posted an image of the couple with a pram and the caption "We Are Family." The couple obtained a child through a surrogate in the U.S., where arrangements of this type are legally permissible in many jurisdictions.
Broader European backdrop
The debate over recognition of children born to surrogates abroad is active elsewhere in Europe. Several EU countries — including France, Spain and Italy — also ban surrogacy. Recently, France’s Court of Cassation ruled that children born to surrogates overseas should be legally recognised as the intended parents’ children, indicating a judicial push to reconcile domestic bans with realities faced by families who turn to foreign surrogacy.
- Spahn: CDU/CSU parliamentary group leader; announced birth of son via U.S. surrogate.
- Law: Germany’s Embryo Protection Act (1990) criminalises surrogacy, with penalties up to three years in prison.
- Political reaction: Calls from CDU colleagues for accountability; CDU leadership to discuss matter.
| Actor | Position/Action |
|---|---|
| Jens Spahn | Used U.S. surrogate; announced birth of son Georg |
| CDU Leadership | Merz to raise issue at party executive meeting |
| Marion Rosin (CDU) | Called for measurement of standards; said resignation can follow loss of credibility |
The incident places a senior member of the CDU at the centre of a debate that intersects law, ethics and party unity. It raises questions about whether private family decisions by political figures will be weighed differently when those figures have publicly advocated policies that limit or prohibit the same choices for others. The CDU’s response in the coming days — and whether the party will treat the matter as a personal family decision or a breach of political principle — will shape discussions on reproductive policy and party discipline ahead of future legislative and electoral cycles.
