Surrogacy should remain banned in Germany, a party spokeswoman for the conservative CDU/CSU parliamentary group said on Thursday, following an announcement by the group’s leader that he used a US surrogate mother to have a child for him and his husband.
“The coalition agreement does not provide for any change to the current legal situation,” a spokesman for Family Minister Karin Prien, who belongs to Chancellor Friedrich Merz’s Christian Democratic Union party (CDU), told the Funke media group. The group also includes the CDU’s Bavarian sister party, the Christian Social Union (CSU).
Jens Spahn, the CDU/CSU parliamentary leader, and his husband Daniel Funke were unable to use a surrogate mother in Germany because the practice is illegal. So they used one in the United States.
At a party conference in February, the CDU decided: “In view of ethical, legal and practical concerns about surrogacy, the CDU of Germany reaffirms its demand that surrogacy – including in altruistic models – should continue to be banned in Germany in order to prevent abuse, exploitation and health risks.”
Criticism from the Women’s Union
Spahn drew criticism – including from within CDU ranks – for going to the US to have a child.
“Surrogacy is banned in Germany for good ethical reasons,” Marion Rosin, the Thuringia state chairwoman of the Women’s Union, told the Funke media group.
“Anyone who circumvents this ban through a solution abroad is placing themselves above the spirit of German law,” she said, suggesting he should resign.
If a top politician’s credibility is lost, “resignation is a matter of consequence.”
There were also critical comments on Instagram under a photo of Spahn and his husband with a pram, particularly as the politician had also positioned himself against surrogacy in the past. Spahn’s husband Funke addressed concerns in the Bild tabloid newspaper.
“We are aware that there is often uncertainty on the topic of surrogacy and that some prejudice exists. But as the great Franz Beckenbauer said: ‘The dear Lord is happy about every child.'”
Merz would not comment on the topic when asked by journalists at a press conference on Thursday with the Algerian president, calling it a domestic political issue. He said Spahn had informed him on Friday that he and his husband were going to become parents, and he had congratulated him.
Spahn and Funke announced on Wednesday that they had become parents.
“My husband has become a dad and I have with him,” Spahn told Bild. “Georg is our whole happiness. This feeling can hardly be put into words.” The boy was born in the US to a surrogate mother, the paper reported. Spahn’s office confirmed the media information in response to a dpa inquiry.
Other arrangements for lesbian couples?
Justice Minister Stefanie Hubig of the Social Democratic Party (SPD) made it clear in May that no change to the ban on surrogacy was planned.
Now the politician from the junior coalition partner said in Berlin that she is thinking about alternative arrangements for women in a long-term partnership with another woman in which one gives birth.
She said Spahn’s decision to have a baby as a gay male couple could spark changes.
“I am pleased that the CDU/CSU parliamentary group leader now has a new addition to his family and will certainly then also have understanding for the situation of two mothers. And that would, I think, be a good step to make progress there.”
The SPD Vice Chancellor Lars Klingbeil said at the press conference with Hubig that he was very happy for Spahn. Bundestag President Julia Kloeckner from the CDU also congratulated the couple on Instagram, writing: “All the best to you!”