German politician Jens Spahn has resigned following criticism over his use of a surrogate mother, a practice he has previously supported banning within Germany.
Under Germany's Embryo Protection Act, enacted in 1990, surrogacy is illegal and punishable by up to three years imprisonment or a fine. Despite this, surrogacy abroad has become an option for many German couples, both heterosexual and same-sex.
Spahn's party reaffirmed its support for the ban in February, citing concerns about commercializing surrogacy. Critics pointed out that in 2020, when Spahn served as health minister, he rejected calls from the liberal FDP party to relax the surrogacy ban. In 2015, Spahn had also expressed personal reservations, stating, "as a gay man and a Christian I find it personally very hard to warm to the idea of a rented womb."
Daniel Peters, a prominent CDU politician in Mecklenburg-Western Pomerania, called for Spahn's resignation, stating that his actions were "no longer tenable." Peters argued that Spahn's disregard for German law and his differing private and political stances were unacceptable.
Several other European countries also prohibit surrogacy. France's highest court recently ruled that babies born via surrogacy abroad should be legally recognized as the children of their intended parents. In Italy, the right-wing government made it illegal in 2024 for Italians to pursue surrogacy abroad.