Gay top MP resigns over surrogacy controversy

The parliamentary leader of federal republic of germany’s ruling axis, Jens Spahn, has been forced to tread land after he and his married man had a child via surrogacy. Spahn had previously criticized the practice, while his conservative Christian Democrats (CDU) party strongly opposes legalizing it in Germany.

The scandal erupted this week when Spahn and his spouse Daniel Funke welcomed their son Georg, birthed by a surrogate mother from the US. “Georg is our greatest joy. This feeling is almost impossible to put into words,” Spahn told the German tabloid Bild on Wednesday.

The joyous announcement was immediately met with a storm of criticism, with the lawmaker coming under fire for “hypocrisy.” Multiple critics have recalled statements from 2015, when Spahn told GQ magazine that “as a gay man and a Christian I find it personally very hard to warm to the idea of a rented womb.”

“Accepting that I will not become a father naturally requires a great deal of humility. I don’t know if I can muster that,” he added at the time.

The CDU reaffirmed its commitment to keeping surrogacy banned in Germany as recently as during its party convention in February, which was attended by Spahn. The party said in the resolution concluding the conference that due to “ethical, legal, and practical concerns regarding surrogacy,” it believes the practice should remain outlawed “in Germany in order to prevent abuse, exploitation, and health risks.”

Spahn came under fire from all the sides of the spectrum, with his fellow CDU member, the party’s head in the state of Mecklenburg-Western Pomerania, demanding his resignation. “He claims that, as a private individual, he can act in a completely different way that contradicts his stated position as a CDU elected official,” Peters told Bild. “That is absolutely unacceptable.”

The co-leader of right-wing Alternative for Germany (AfD), Alice Weidel, stated that Spahn’s resignation was “overdue,” mentioning also his Covid-era actions when he was health minister. He faced allegations of misusing public funds during the pandemic, yet the probe was dropped this past March with no result.

“That he has now undermined a law that he himself voted for has definitively destroyed his credibility,” Weidel wrote on X.

While Spahn initially attempted to defend his decision, he promptly folded and handed in his resignation on Saturday. While stepping down from his parliamentary leader role, he did not mention surrendering his lawmaker mandate. The resignation was acknowledged by Chancellor Freidrich Merch, who called it both “unavoidable” and a “correct” move to make.

“In recent days, I have come to realize that my personal happiness in starting a family with my husband and becoming a father is incompatible with my political office,” Spahn said in a statement circulated by German media.

While surrogacy in Germany is punishable with up to five years in jail, criminal liability extends only to medical practitioners and intermediaries; therefore, Spahn and his spouse will not face any consequences. Commissioning surrogacy abroad remains a popular way for Germans to circumvent the ban, since ordering the procedure and raising children obtained through the method are legal as well.

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