Jens Spahn, a prominent German centre-right politician, has resigned from his influential role as parliamentary group leader of the country's governing coalition. The decision follows a wave of criticism after he revealed he and his husband had become parents via a surrogate mother in the United States, a practice prohibited in Germany and one he had previously publicly opposed.
In a statement released on Saturday, Mr Spahn, 46, acknowledged the conflict between his personal decision to start a family through surrogacy and the expectations of his political office. He stated, "I have realised that my personal happiness – founding a family together with my husband and becoming a father – is not compatible with my political office." His resignation was swiftly endorsed by Chancellor Friedrich Merz, who leads Spahn's Christian Democrat (CDU) party, describing it as "right" and "inevitable" and stressing the importance of credibility in politics.
Germany's 1990 Embryo Protection Act prohibits surrogacy, with penalties including up to three years imprisonment or a fine. While raising a child born to a surrogate abroad is not illegal, Mr Spahn's critics, including members of his own party, highlighted his past stance. As recently as February, his party reaffirmed its support for the domestic ban, and in 2020, as health minister, Mr Spahn rejected calls to relax the restrictions. He also previously expressed personal discomfort with the idea of a "rented womb" in 2015.
The controversy underscores a broader European debate on surrogacy. Several other EU nations, including France, Spain, and Italy, also maintain bans. However, legal approaches to children born via surrogacy abroad vary. France's top court recently ruled that babies born to a surrogate mother abroad should be legally recognised as their intended parents' children. Conversely, Italy introduced legislation in 2024 making it illegal for Italian citizens to have a baby abroad through surrogacy, a policy championed by Prime Minister Giorgia Meloni's right-wing government.
For many German couples, both heterosexual and same-sex, pursuing surrogacy abroad has become a significant option due to the domestic prohibition. Mr Spahn's resignation highlights the complex ethical and legal challenges surrounding reproductive technologies, particularly when personal choices clash with established national laws and political principles.