Following a wave of public outrage over his use of a surrogate mother to become a parent, Spahn's resignation is far from the end of the matter. The public narrative that Spahn has resigned is, at best, a piece of CDU messaging rather than reality. As matters stand, he remains a member of the German Bundestag, receiving a salary of €17,300.74 ($20,300) a month.
Continuing to stand by him does not merely damage the party; it destroys its credibility. Anyone who, as a member of the Bundestag, fails to abide by the country's laws cannot continue to hold a parliamentary mandate. Spahn's resignation as an MP would be the last service he could render to the CDU, and anything less remains an unacceptable deception.
Paying for a Child
Jens Spahn and his partner paid a substantial sum in the United States for a surrogate to carry their child. Surrogacy is prohibited in Germany for good reason. CDU lawmaker and Federal Government Drug and Addiction Commissioner Hendrik Streeck also appears to have used a surrogate in the United States to become a parent. When announcing the birth of his child in mid-April 2026, however, he was more restrained, referring only to the child's origins in Illinois.
A Christian Democrat should be held to a minimum standard of ethical responsibility. Protecting human life and safeguarding the human germline are central principles of Christian ethics. The CDU itself has repeatedly affirmed this position. Egg donation, and surrogacy in particular, are incompatible with those principles. The combination of respect for life and bioethics lies at the heart of Christian Democratic responsibility. Christian anthropology, alongside Christian social teaching, forms one of the ideological foundations of the CDU.
Exploiting a Legal Loophole
CDU lawmakers should therefore be held to an even higher standard. Christian teaching holds that every child has a fundamental right to a mother and a father. There is no right to turn a woman into a surrogate or to purchase her child. Surrogacy is human trafficking and ranks among the worst practices human beings have devised.
Those with sufficient financial means can exploit a legal loophole to circumvent Germany's ban on surrogacy by adopting a child born through a surrogate abroad and bringing that child to Germany. Closing this loophole should be among the CDU's highest legislative priorities, and German citizens should also face criminal penalties for entering into surrogacy contracts abroad.
Christian Ethics
The governing CDU has formally rejected even so-called altruistic surrogacy in a party conference resolution. From a Christian ethical perspective, the distinction between commercial and altruistic surrogacy is often considered secondary. Altruistic surrogacy is an arrangement in which a woman carries a child for another person or couple without receiving payment beyond reimbursement of reasonable pregnancy-related expenses. With this in mind, the parliamentary leader of a political party should demonstrate not only respect for the law but also solidarity with the party's own policies.
Spahn himself previously expressed clear opposition to surrogacy. Around 11 years ago, when Germany was already debating the issue, Spahn told GQ magazine that, as a gay man and a Christian, he found the idea of a "rented womb" deeply troubling.
Give up Parliamentary Mandates
For the sake of fairness, Hendrik Streeck should now explain the circumstances surrounding the birth of his child. When he announced the birth in April 2026 of what also appears to have been a child obtained through surrogacy, Spahn commented only cautiously on the issue, despite almost certainly already knowing about his own forthcoming child. One could conclude that the Streeck case served as a trial balloon.
But what now applies to Jens Spahn must also apply to Hendrik Streeck. If he too obtained a child through prohibited surrogacy, he should resign his parliamentary seat. A mandate granted by the voters to serve in the German Bundestag carries immense responsibility. Whether an ordinary MP, a government commissioner or the leader of a parliamentary group, anyone who believes the country's laws do not apply to them forfeits any right to remain a member of the Bundestag.