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Jens Spahn's Surrogacy Scandal: Political Fallout and Legal Questions

Published July 26, 2026 at 7:02 AM UTC

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Jens Spahn, a prominent Christian Democratic Union (CDU) politician and former German health minister, is at the center of a controversy over his use of surrogacy to become a father. The scandal has reignited debate about Germany's strict ban on surrogacy, which prohibits the practice under the Embryo Protection Act. Spahn and his husband, Daniel Funke, reportedly had a child via surrogacy in the United States, where the procedure is legal. Critics argue that Spahn, as a lawmaker who helped shape health policy, should have adhered to the spirit of German law, even if he acted legally abroad. Supporters counter that the ban is outdated and unfairly targets same-sex couples. The controversy has become a political liability for the CDU, which is already struggling with public trust. The issue also highlights the patchwork of surrogacy regulations across the EU, from full bans in countries like Germany to legal frameworks in the UK and Greece. With the German federal election approaching, the scandal could affect voter perceptions of the CDU's stance on family and bioethics. Observers expect the debate to intensify, potentially prompting calls for legal reform. For now, Spahn has not commented publicly, leaving uncertainty about how he will manage the fallout.