Jens Spahn, 46, announced his resignation as parliamentary group leader of the CDU on Saturday after being accused of hypocrisy for using a surrogate mother abroad to have a child, a practice prohibited in Germany. He said his personal decision to become a father is incompatible with his political role.

Surrogacy is illegal in Germany, with a penalty of up to three years imprisonment, though raising a child born via a surrogate abroad is not prohibited. The CDU had reaffirmed its support for the ban in a February resolution. Spahn, who served as health minister in 2020, previously opposed efforts to relax the ban and wrote in 2015 that, as a gay man and a Christian, he found the concept of a rented womb difficult.

Spahn's statement said the balancing act between his private decision to have a child and public expectations had become greater than anticipated, and that increasing public discourse prompted deep reflection. He added that he would step down to preserve his credibility. Chancellor Friedrich Merz described the resignation as "right" and "inevitable," emphasizing that credibility is the highest asset in politics, and said he would begin appointing a replacement. Alexander Hoffmann, head of the Christian Social Union parliamentary group, will assume Spahn's duties until a successor is chosen.

Media reports noted the resignation occurs ahead of regional elections in autumn, during which the far‑right AfD could achieve a majority in Saxony‑Anhalt, the first far‑right party to hold power in a German state since World War II. Analysts suggested the case could reinforce narratives used by fringe groups about double standards. Other EU countries, including France, Spain and Italy, also prohibit surrogacy, with recent court rulings in France and legislation in Italy addressing the legal status of children born abroad via surrogacy.

The resignation comes at a time when Merz faces declining poll numbers and seeks to strengthen the CDU ahead of the elections.