Jens Spahn apologizes to CDU base over US surrogacy after resignation as caucus leader

Apology to constituency members

Former CDU/CSU parliamentary group chairman Jens Spahn issued a written apology to approximately 2,500 Christian Democratic Union members in his North Rhine-Westphalia constituency of Steinfurt I / Borken I on 10 September 2026. Spahn acknowledged breaking party trust after using a surrogate mother in the United States to have a child with his husband, Daniel Funke. Surrogacy remains illegal under German law, and the CDU formally opposes its legalization. Spahn had supported party conference resolutions rejecting the practice without comment while a surrogate was already carrying the child. He noted that local party volunteers faced intense public questions and emotional criticism at shooting matches and summer festivals following the announcement.

“I was too cowardly to openly state where I stood on this sensitive issue.”

Spahn acknowledged in the letter that his silence created a direct contradiction between his previous public positions and his personal choices, asking his local base for forgiveness.

Background to the surrogacy decision

In his letter, the 46-year-old politician detailed the extended deliberations that led to the couple's decision to pursue surrogacy abroad. Spahn stated that he and Funke had evaluated, rejected, and reconsidered various paths to fatherhood over many years. His initial skepticism toward surrogacy changed after examining the specific legal and medical conditions in the United States. He noted that the surrogate lived in financially stable conditions and had no genetic relationship to the child.

Spahn also pointed to a 2018 ruling by Germany's Federal Court of Justice, which established that legal parenthood granted by American courts following surrogacy is compatible with German law under specific requirements. He stated that this legal precedent gave him personal reassurance, but admitted he failed to make his evolving stance public when opportunities arose.

“I wanted to avoid a difficult debate, also to protect my growing family, and in doing so ended up triggering a much more difficult debate. That was wrong. I deeply regret that.”

Resignation and new parliamentary role

The controversy led Spahn to resign from his position as leader of the CDU/CSU parliamentary group in the Bundestag in late July 2026, shortly after disclosing the birth of his son. Despite stepping down from the faction leadership, Spahn retained his parliamentary mandate as a directly elected representative. He has since taken up a seat on the Bundestag Budget Committee, pledging to continue representing his home region in federal budgetary matters.

Standing within the Union and future prospects

Spahn retains support among senior conservative figures despite his departure from the parliamentary leadership. CSU chairman Markus Söder stated that Spahn could return to a leading political role in the future. Two weeks prior to the letter, Spahn attended a joint dinner alongside CDU, CSU, and SPD representatives on the sidelines of a retreat in Münster. The public admission of error also reflects broader discussions within the CDU led by Chancellor Friedrich Merz regarding political accountability and handling mistakes in public office.