Helmut Martin: Surrogacy ban must stay, Spahn's secrecy 'not appropriate' for his office

Martin opposes liberalization

Rhineland-Palatinate's new justice minister Helmut Martin has firmly rejected any move to relax Germany's ban on surrogacy. In an interview with the German Press Agency (dpa) in Mainz on 23 July 2026, the CDU politician said his concerns about liberalization outweigh any potential benefits. He warned that opening a market would lead to predictable and troubling consequences.

If we open a market, we know exactly what happens. And I find that a terrible thought.

Martin stressed that his position is rooted in his understanding of human dignity and the value of life. He argued that treating a child as something available, or suggesting that money can secure parenthood, contradicts his view of what parenthood should mean.

From my view of humanity, I find it difficult to give the impression that a child is something available and that everyone has a claim to a child. To deviate from this principle and say: I want, and if I only have enough money, I get it too, does not do justice to my understanding of the value of life and parenthood.

Acknowledging personal hardship

Martin said he was fully aware of the emotional distress faced by couples who cannot have children. He made clear he does not judge individuals who seek surrogacy abroad, but he insisted that a comprehensive political approval of the practice is not the right answer.

I say this in full awareness of how difficult it is for those cases where a couple cannot have a child for whatever reason. I see the psychological hardships, and that is why I do not want to condemn specific people. But to allow it politically on a broad scale would not be my answer to the issue.

Criticism of Spahn's approach

The debate over surrogacy reignited after former CDU parliamentary group leader Jens Spahn and his husband announced they had become parents. A surrogate in the United States gave birth to their son, circumventing the German ban that Spahn himself had supported within the party. The ensuing outrage within the CDU led to Spahn's resignation as parliamentary group leader on Saturday, 18 July 2026.

Martin expressed little sympathy for how Spahn handled the situation. He criticized Spahn for keeping the matter secret while holding a prominent political office.

I do not have much understanding for Jens Spahn's approach. That he kept quiet the whole time, to put it positively, and then came out with it. Nevertheless, whoever holds such an office, it is legitimate to formulate certain expectations. In my view, he did not meet them.

A personal decision with public consequences

Martin acknowledged that the decision to use surrogacy is deeply personal and involves both partners in a marriage. He said there are understandable reasons for Spahn's actions, but he maintained that the former parliamentary leader fell short of the standards expected of someone in his position. The minister's comments underscore the ongoing tension within the CDU between personal life choices and the party's official stance on surrogacy.