AfD Wants to Criminalize Surrogacy Abroad

According to Pro Medienmagazin, Germany’s Alternative for Germany (AfD) is drafting a bill that would make Germans liable to punishment for using surrogacy abroad. According to the daily Welt am Sonntag, they could face up to two years in prison, and even an attempt to do so would be a criminal offense.

The new legislation would also apply to countries such as the US, where surrogacy is legal. The AfD drew inspiration for the proposal from Italy, which has similar legislation. Although surrogacy is banned in Germany, people who use it abroad are not currently subject to criminal penalties.

The AfD’s proposal comes in the wake of the controversy surrounding former CDU/CSU parliamentary group leader Jens Spahn, who had a child with his husband via a surrogate mother in the United States. Since the CDU explicitly opposes the legalization of surrogacy in Germany, Spahn came under pressure and ultimately resigned from his post.

Similar calls to tighten criminal law have recently emerged within the CDU/CSU as well. In August, CDU lawmaker Anne König proposed that the use of surrogacy be criminalized not only in Germany but also abroad.

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