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Jens Spahn is stepping down as chairman of the CDU/CSU parliamentary group in the Bundestag.
Bernd von Jutrczenka/dpa
"It is incompatible with my political office": Union parliamentary group leader Jens Spahn is stepping down amid the debate over his use of a surrogate mother in the U.S. to have a child.
Union parliamentary group leader Jens Spahn is stepping down from his post. The CDU politician announced this in a letter to the members of the CDU/CSU parliamentary group in the Bundestag. “Over the past few days, I have come to realize that my personal happiness—starting a family with my husband and becoming a father—is not compatible with my political office,” the letter states.
In his capacity as CDU leader, Chancellor Friedrich Merz had also previously urged Spahn to take this step, according to information obtained by the German Press Agency from sources close to the party leader.
Spahn had come under pressure because he and his husband, Daniel Funke, had used the services of a surrogate mother in the U.S. The former health minister had been accused of applying double standards. The pressure on him had been mounting recently.
In his letter, Spahn criticized a “growing intransigence in public debate,” which had given him much food for thought, and urged people to “remain humane in tone, even while being clear and decisive on the issues.” “One thing has become increasingly clear to me in recent days: My family is the most important thing to me,” he added.
CSU State Group Leader Alexander Hoffmann is to take over the duties of Union parliamentary group leader until a successor is elected. “Jens Spahn’s decision deserves the utmost respect,” said Hoffmann. Spahn had led the Union parliamentary group through challenging times “and contributed significantly to the success of this coalition.” The parliamentary group remains capable of making decisions and taking action.
Spahn and Funke announced on Wednesday that they had become parents. A surrogate mother in the U.S. gave birth to their baby, Georg. The criticism has been so vocal because surrogacy is banned in Germany, and Spahn’s party is firmly opposed to legalizing it—a stance Spahn himself had also taken in the past. The main criticism is that Spahn is personally taking advantage of options that he has politically denied to people in similar situations in Germany.

Spahn and his husband, Daniel Funke, announced on Wednesday that they had become parents.
Annette Riedl/dpa
Critical voices had been heard not only from the opposition. There was growing discontent within his own party as well. The situation came to a head on Friday when Daniel Peters, the CDU leader in Mecklenburg-Western Pomerania, called for Spahn’s resignation in *Bild*.
Local CDU chapters echoed this sentiment, including the CDU in Brilon—Merz’s hometown—and the Rhein-Neckar district chapter. Mechthild Heil, chairwoman of the Women’s Group in the Union parliamentary caucus, also chose strong words: “Women must neither be bought for sex nor abused as incubators,” she told the *Frankfurter Allgemeine Zeitung*.
Although there are efforts in Germany to cautiously liberalize the issue of surrogacy, the CDU explicitly reaffirmed the current ban at a party convention in February: ““In light of ethical, legal, and practical concerns regarding surrogacy, the CDU of Germany reaffirms its call to continue banning surrogacy—including in altruistic arrangements—in Germany in order to prevent abuse, exploitation, and health risks,” the party resolved.
Spahn had spoken out in a podcast with “Bild” reporter Paul Ronzheimer, saying: “I struggled with this for a long time, including when it comes to the issue of surrogacy. I was torn for a long time. But it was precisely through this internal struggle and by grappling with the issue that we decided to take this path.” When asked about a possible resignation, he referred to discussions within the CDU/CSU parliamentary group once it reconvenes in September.
On Friday, Merz had made it clear that the issue was to be discussed by the CDU Executive Committee on Monday. The ZDF “Summer Interview” with the chancellor is scheduled for Sunday. Apparently, the matter was supposed to be settled before then.
Spahn served as Federal Minister of Health from 2018 to 2021—his portfolio thus included the Embryo Protection Act, which regulates the ban on surrogacy. In 2020, his ministry responded to a parliamentary question from the FDP stating that no change was planned—and explained that the rationale behind the regulation lay “primarily in safeguarding the best interests of the child.”
In 2015, *GQ* magazine quoted Spahn—who was then the health policy spokesperson for the CDU/CSU parliamentary group—as saying: “As a gay man and a Christian, I personally find it very difficult to come to terms with the idea of a surrogate mother. Accepting that I won’t become a father naturally requires a great deal of humility. I don’t know if I can muster that.”