Overview
- Spahn's office confirmed on Wednesday that Unionsfraktionschef Jens Spahn and his husband Daniel Funke are parents to a son born in the United States via a surrogate.
- German law currently bans surrogacy under the Embryonenschutzgesetz while a 2022 Federal Court of Justice ruling allows parentage established abroad to be recognised under child‑welfare conditions.
- Several CDU figures and other politicians have accused Spahn of a double standard given his past opposition to surrogacy and the party's February decision to keep it illegal, with some state-level officials demanding his resignation.
- Legal commentators note commissioning parents are rarely criminally liable in Germany and that any prosecution would typically target doctors or intermediaries who carry out or arrange prohibited procedures.
- The case has reignited ethical and equality concerns because US surrogacy is costly and accessible mainly to wealthy people, and it may pressure the CDU to clarify internal rules or political consequences without prompting immediate law changes.