Jens Spahn, the openly gay leader of Germany’s governing conservative parliamentary bloc, has resigned from the position after announcing that he and his husband had become fathers through surrogacy.
Spahn stepped down as leader of the Christian Democratic Union and Christian Social Union parliamentary group following intense criticism over the couple’s decision to use a surrogate in the United States.
The practice is prohibited in Germany and remains opposed by Spahn’s party, while the former health minister had also previously expressed personal opposition to it. However, Germans are not prohibited from raising children born through lawful surrogacy arrangements overseas.
Spahn and his husband, journalist Daniel Funke, announced that they had welcomed a son named Georg.
“[Our son] Georg is our greatest joy. This feeling is almost impossible to put into words,” Spahn told Bild.
“For me, and this becomes clearer to me every hour, there is nothing more important than my family.”
Decision Clashed With Party’s Position
Germany prohibits surrogacy arrangements within the country through legislation governing reproductive medicine and the placement of surrogate mothers.
The CDU reaffirmed its opposition to legalising surrogacy at a party conference in February 2026, while Spahn had defended a similar position in the past.
“As a gay man and a Christian, I find it personally very hard to warm to the idea of a rented womb,” he wrote in 2015.
News that Spahn and Funke had nevertheless pursued surrogacy in the United States prompted accusations of hypocrisy and double standards from within the CDU and across Germany’s opposition parties.
Critics argued that Spahn had personally accessed an option overseas while supporting policies preventing people from pursuing the same path within Germany.
Spahn Says He Wrestled With Surrogacy
Explaining his change of position, Spahn said he had spent considerable time considering the ethical and personal implications of the decision.
He told Bild that he had “wrestled with myself for a long time, including on the issue of surrogacy”.
As political pressure intensified, Spahn concluded that remaining parliamentary leader was no longer possible.
“In recent days, I have come to realise that my personal happiness in starting a family with my husband and becoming a father is incompatible with my political office,” he said in his resignation statement.
Chancellor Friedrich Merz described the resignation as “correct” and “unavoidable”, adding that “credibility is the most valuable asset in politics”.
Spahn had led the CDU/CSU parliamentary group since May 2025. Germany’s Bundestag records now list his leadership as ending in July 2026, although he remains a member of parliament.
Political Colleagues Express Sympathy
Not every political response focused solely on criticism.
Matthias Miersch, the parliamentary leader of the centre-left Social Democratic Party, expressed sympathy for Spahn and his family.
“I can imagine how the last few hours must have been for Jens Spahn and his family,” Miersch said.
“I wish Jens Spahn and his family all the best and much strength for the time after office.”
Spahn also thanked Miersch for their work together, describing the Social Democrat as a stabilising influence within Germany’s governing coalition.
Surrogacy Debate Continues in Germany
Spahn’s resignation has renewed debate over surrogacy, political consistency and the options available to same-sex couples seeking to become parents.
German law prohibits medical professionals and intermediaries from facilitating surrogacy arrangements within the country. Commercial surrogacy placement can carry a penalty of up to three years’ imprisonment or a fine.

The intended parents themselves are generally not subject to those penalties, and it is not illegal for a German family to raise a child born through a legal overseas arrangement.
Spahn’s decision to step down applies to his position as CDU/CSU parliamentary leader. There has been no confirmed announcement that he will resign from the Bundestag.































