A high-ranking official within Chancellor Friedrich Merz’s center-right party resigned from his leadership position on Saturday, according to party sources. The resignation follows significant backlash regarding his decision to use a surrogate mother in the United States, a practice that remains prohibited in Germany.

“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,” Jens Spahn, chairman of the CDU’s parliamentary faction, stated in a letter to his colleagues obtained by AFP.

The CDU has maintained a staunch opposition to surrogacy, most recently reaffirming its support for Germany’s ban during a party congress in February.

Chancellor Merz accepted the resignation, characterizing the decision as “right and unavoidable.” While acknowledging Spahn’s instrumental role in helping the CDU return to power, Merz noted, “Credibility is the most valuable asset in politics.”

Immediate Backlash

The controversy emerged earlier this week following news that Spahn and his husband had welcomed a child born via a surrogate in the United States. The revelation sparked immediate internal criticism within the CDU, with various members calling for his resignation and accusing him of hypocrisy.

During a Friday podcast interview with the Bild newspaper, Spahn initially attempted to defend his choice, admitting he had “wrestled with myself for a long time” regarding the issue of surrogacy before deciding to proceed.

However, by Saturday, Spahn informed his colleagues that the “balancing act between my private decision to have a child through surrogacy and the understandable expectations placed on me as chairman of our parliamentary group has proven more difficult than I had anticipated.”

Opposition leaders also responded to the news. Luigi Pantisano, a leader of the hard-left Die Linke, argued that the situation highlighted a “double standard,” telling the Rheinische Post that laws often apply to the public while politicians appear able to circumvent them abroad using their resources.

Internal CDU pressure was also significant. The regional party chairman in Mecklenburg-Western Pomerania labeled the decision “completely unacceptable,” while Hubert Hueppe, head of the CDU’s group for older members, expressed personal shock to Der Spiegel. While Hueppe acknowledged the desire for children among all couples, including same-sex partners, he emphasized that the party’s core debate centers on “whether women are being instrumentalized.”

On Friday, Merz indicated that the party’s national executive committee would review the matter, maintaining that there is “no reason” to alter Germany’s current legal framework or the CDU’s long-standing policy stance.

The ‘Final Straw’

According to sources close to Spahn speaking to Focus magazine, the decision to seek surrogacy in the United States was driven by US regulations intended to protect women.

The 46-year-old Spahn is a former health minister who served during the Covid-19 pandemic under Angela Merkel. In recent years, he has been a prominent figure on the CDU’s right wing, particularly regarding immigration policy.

Franziska Brantner, the parliamentary leader for the opposition Green Party, told the Rheinische Post that while she wished Spahn well personally, his resignation was “long overdue,” suggesting the surrogacy scandal was merely “the final straw.”

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