Jens Spahn resigns as German CDU parliamentary leader over surrogacy controversy

Jul 17, 2026

Jens Spahn, the parliamentary leader of Germany's ruling CDU party, has resigned after he and his husband had a child via a surrogate in the US. The move sparked accusations of hypocrisy, as surrogacy is banned in Germany—a policy Spahn and his party have long supported. Facing intense criticism from within his own party, Spahn stated his "personal happiness" was "incompatible" with his office. Chancellor Friedrich Merz called the resignation "right and inevitable."

Spahn surrogacy announcement

▪Jens Spahn, the 46-year-old parliamentary leader of Germany's CDU/CSU, resigned on July 18, 2026.
▪In his resignation letter, Spahn said his "personal happiness" in becoming a father was "incompatible" with his political office.
▪Spahn and his husband, Daniel Funke, became parents to a son named Georg via a surrogate mother in the United States.

German surrogacy ban

▪At the time of the CDU's February 2026 vote to maintain the ban, the surrogate mother for Spahn's child was reportedly four months pregnant.
▪Spahn's Christian Democrat (CDU) party voted to uphold the ban on surrogacy at a party conference in February 2026.
▪While surrogacy is banned in Germany, it is not illegal to raise a child born to a surrogate mother abroad.
▪Surrogacy is prohibited in Germany under the 1990 Embryo Protection Act, with penalties of up to three years in prison or a fine.

Double standards accusations

▪In 2015, Spahn wrote that as "a gay man and a Christian I find it personally very hard to warm to the idea of a rented womb".
▪In 2020, while serving as health minister, Spahn rejected calls from the liberal FDP party to relax the surrogacy ban.
▪Spahn faced accusations of hypocrisy and double standards, as he had previously supported the surrogacy ban.

Political criticism

▪Daniel Peters, a CDU leader in Mecklenburg-Western Pomerania, said Spahn's position was "no longer tenable" and that he must resign.
▪Marion Rosin, a CDU member, stated that "Politicians who set standards for others must be measured by them too."
▪German Chancellor Friedrich Merz described Spahn's resignation as "right and inevitable," adding that "credibility is the most valuable asset in politics."

European surrogacy policies

▪Other EU countries, including France, Spain, and Italy, also have bans on surrogacy.
▪In 2024, Italy's government made it illegal for citizens to seek surrogacy abroad.