In the past, Jens Spahn (CDU) had clearly backed the German ban on surrogacy as Federal Minister of Health. Now it has become known that he and his husband have used the services of a surrogate mother in the USA. Thus, not only a personal decision is at the center of the debate, but above all the question of the credibility of a top politician who participates in laws that are supposed to apply to all citizens.

At first, it does not matter whether Spahn's personal attitude to surrogacy has changed over the years. The decisive factor is that the legal situation in Germany has remained unchanged: surrogacy is prohibited in this country. Anyone who, as a leading representative of a legislative group, uses a model abroad that is expressly prohibited in his own country, inevitably exposes himself to the accusation of applying double standards.

This discussion is less about private life decisions than about the responsibility of a politician who not only supports laws, but also plays a decisive role in shaping them. Many critics see this as a problematic signal effect: What is forbidden to German citizens is de facto made possible by a stay abroad.

This is precisely why the question arises as to whether a parliamentary group chairman can credibly stand up for the rule of law if he himself deliberately chooses a path that may be legal abroad, but practically circumvents the German ban.


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The process appears particularly explosive against the background of the CDU's position. Only a few months earlier, the CDU federal party conference had passed a motion that explicitly opposes any form of surrogacy – including so-called altruistic models.

Considerable ethical, legal and social concerns were cited as the reason. Among other things, the danger of commercialization of human reproduction, possible exploitation of women and health risks for the surrogate mothers were mentioned.

This creates a clear contradiction between the official party position and the behavior of prominent CDU politicians.

Opponents of surrogacy are particularly critical of the fact that a billion-dollar market for reproductive medicine services has emerged in countries such as the USA. In her opinion, there is a risk that women – often for financial reasons – will make their bodies available for carrying a child to term.

Critics describe this model as ethically highly problematic. They argue that children could increasingly become a product that is mediated for payment. Especially when homosexual or heterosexual couples fulfill their desire to have children via commercial surrogacy, the critics point of view raise the fundamental question of whether a desire for a child justifies every medically and economically possible path.

Proponents point out that the procedure was legal in the USA and therefore no law was broken. Critics, on the other hand, argue that this misses the real problem. It is not only criminal liability that is decisive, but political integrity.

According to many observers, anyone who participates in German laws and at the same time seeks ways to circumvent them abroad risks a considerable loss of trust. For citizens, this easily gives the impression that political decision-makers have opportunities that are denied to the general public.


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Regardless of Jens Spahn's personal life, the core political question remains: Can a leading legislature credibly stand up for the rule of law if he uses a model abroad that is banned in his own country?

The question also arises as to whether the CDU should fundamentally rethink its previous position on surrogacy. If leading party representatives themselves make use of this model, it would at least be consistent to openly demand a change in the legal regulation instead of merely circumventing existing bans through foreign solutions.

The discussion about surrogacy, its ethical limits, and the rights of children and women will certainly continue. However, the question of whether the same standards should apply to top politicians as to all other citizens remains equally justified. After all, the credibility of the rule of law depends on the fact that laws are not only passed, but also respected by their representatives.

Many people and representatives of the opposition (AfD) are now rightly calling for the resignation of Jens Spahn. In the past, Jens Spahn has caused a political stir several times and has been involved in dubious machinations. Purchase of the property from FDP politician .

The media sensation and sharp public criticism revolved mainly around the suspicion of nepotism, compliance violations and Jens Spahn's handling of press freedom. The revelations fell in the middle of the Corona pandemic (late 2020/early 2021), when Spahn was already under heavy scrutiny as Federal Minister of Health.

The key points of the scandal at a glance:

1. The suspicion of "post bargaining"

2. Spahn's action against journalists (freedom of the press)

The media sensation escalated massively when it became known how Spahn tried to suppress reporting on his private real estate transactions:

3. The moral image in the pandemic

During the harsh Corona winter, many citizens had to fear for their livelihoods or lost their jobs. The fact that the Minister of Health was in the headlines at the same time due to reports about the purchase of a 4.12 million euro villa and the ownership of several expensive rental properties was perceived by many people and opposition politicians as extremely instinctless and unapproachable. 

The combination of the accusation of "buying posts" with taxpayers' money and the legal fight against critical media made the topic one of the biggest stirring topics of the time for months Federal Government.

Furthermore, Jens Spahn was under great criticism in the mask deal affair, the lawsuit that was simply dismissed by a court in the end.

What do you think about Jens Spahn, should he resign and should his actions as a politician be re-examined in court?
Write us your comments at redaktion@mfradio.de



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Author: Liselotte liebhaber (Guest contribution)
Source: REUTERS / Tagesspiegel / German Bundestag
Note: The cover image used was partly created or edited with the help of artificial intelligence (AI) and is used exclusively for editorial illustration. It is not an authentic documentation of the event or situation depicted. Reporting is based on publicly available information and sources.