Will Germany Lift Its Surrogacy Ban?  

In July 2026, one of Germany’s most prominent politicians, Jens Spahn, announced that he and his husband had become parents. The child was born via surrogacy in the United States. Previously, Spahn had stated that he could not personally endorse surrogacy and that he also opposed it politically. In the media, his fatherhood was met with applause as an act symbolizing self-fulfillment and personal freedom. Few seemed concerned that German law strictly prohibits surrogacy. Nevertheless, Jens Spahn found himself in political hot water due to his double standards, forcing him to step down from his position as parliamentary group leader of the German conservative party (the Christian Democratic Union). Ultimately, he concluded, his personal happiness had been more important to him than his political sensibilities. The double standard, however, is generalized in the law: domestic surrogacy is illegal in Germany, but children born via surrogacy abroad can be legally recognized as one’s own in Germany.  

Many German citizens seeking to have a child by surrogacy choose surrogates based in the U.S., provided they can afford the high costs of surrogacy there. Those who cannot must turn to countries such as Ukraine, Georgia, or Armenia. In the U.S., surrogacy laws vary from state to state. There are states that allow surrogacy to take place completely legally. In Germany, this option does not exist. The legal situation is clear and, by comparison, much stricter. 

A Renewed Debate 

The debate over whether surrogacy should be legalized in Germany has gained new momentum thanks to Jens Spahn. This is especially true since other prominent politicians have also publicly acknowledged using surrogacy, such as the conservative politician Hendrik Streeck and media attorney Ralf Höcker. 

A general shift in public attitudes is emerging. As early as 2021, the Free Democratic Party (FDP)—then part of a left-wing/Green federal government in Germany—had called for a change in thinking. “If those affected cannot have a child by other means, if surrogacy can help them, and if the surrogate mother wishes to help of her own free will purely out of compassion, the state has no right to prevent this happiness” (FDP 2021, p. 2). This is based on the premise that any desire for a child must be fulfilled; it is a right rather than a privilege. At first, this was merely a declaration, but it was explicitly linked to the intention to bring about a change in the law.  

The party advocates “altruistic” surrogacy, which should take place with complete self-determination, free from economic, social, and psychological constraints. What is presented here as an act of pure charity raises numerous questions. The fundamental problem with surrogacy remains; the natural bond between mother and child is severed in this case as well. In practice, such a distinction is virtually impossible to make. Commercial surrogacy is probably hiding behind this supposed altruism. “Altruistic” surrogacy sweeps aside all arguments underlying the current legal framework. This framework is based on safeguarding the best interests of the child, which must not be jeopardized by a divided motherhood that leads to numerous psychological and social hardships. 

It is noteworthy that the current debate focuses primarily on abstract legal interests, for example, the question whether a ban on surrogacy prevents women from making decisions about their own bodies. After all, that would constitute an infringement of the free development of the individual. Critics of a surrogacy ban also see it as a violation of the fundamental rights of the commissioning parents. They argue that it would deny them the fulfillment of a deeply human desire—that of procreation—which they can realize in this way. Accordingly, a group of experts commissioned by the former Red-Green federal government recommended permitting altruistic surrogacy under certain conditions. 

Ethical and Psychological Concerns 

Commercial surrogacy is based on a strict set of contracts, and the surrogate bears all the risks. In the end, the only thing that matters is the reproductive service provided. The child must be born unharmed and flawless by the  prospective parents’ standards. Otherwise, it is likely that the infant will not be accepted and the surrogate will not receive any compensation—for example, if a child is disabled. The recent case of McKenna West in the U.S. highlights the ethical pitfalls of surrogacy. In this case, the “borrowed” mother refused to abort the child because it had a heart defect. As of now, the biological parents and Ms, West are involved in legal battles. The child is still hospitalized in Texas. In many countries, the commissioning parents can insist on an abortion, referred to in technical jargon as “reduction.” This can also apply to twin pregnancies if only one child is desired. Women are forced into a state of dependence that extends deep into their bodies and profoundly affects their mental processes. They are left at the mercy of their clients in a degrading manner. Women and children are thus reduced to commodities.  

Surrogate mothers face not only increased physical risks but also considerable psychological ones. Pregnancy marks a profound turning point in a woman’s life not only physically, but also emotionally, mentally, spiritually, and psychologically. The experience centers on the inner workings of the body, with powerful transformations, but it is also directed not only toward the present but also toward the future. How will the child develop? What will become of it? Few things are as enduring as the bond with one’s own child. Yet for the surrogate mother this bond never materializes. After birth, the child is irrevocably and immediately handed over to third parties. In the truest sense of the word, the child no longer belongs to the mother; it has become “motherless.” 

A 2010 Israeli study illustrates how surrogate mothers may fare psychologically and socially. “None of the surrogate mothers reported feeling an emotional bond with the fetus during pregnancy or with the child after birth.” Identification with the developing child is avoided and there is a cognitive dissonance between the physical changes to the mother’s body and her spiritual and psychological state. The surrogate mothers surveyed report, for example, that they never touched their bellies during the pregnancy to avoid connecting emotionally with the baby. Parts of their own bodies thus become foreign objects. To endure this, a significant degree of psychological defense is necessary. Bodily fragmentation and depersonalization must occur in order to protect one’s own sense of self.  

This psychological harm is foreseeable. The child, too, is burdened with a heavy load from the outset due to the circumstances of its conception, knowing that it was conceived in an irregular, immoral way, and having been denied connection with the biological mother who carried them. 

Is Altruistic Surrogacy a Cure? 

Altruistic surrogacy can avoid the extremes found in its commercial form, such as material exploitation and inhumane contract terms. However, the fundamental problem of surrogacy remains: a child is conceived in the interest of others; the biological mother is merely a means to an end.  

Furthermore, with blurred boundaries, altruistic surrogacy contributes to the trivialization of commercial surrogacy. The principle itself is no longer questioned. The doors have been opened a crack. It will depend on how far the so-called progressive forces continue to spread. They have already achieved cultural hegemony in many areas, turning away from traditional Western values. Marriage and family are no longer held in high regard; they are considered relics of a bygone era. On the other hand, however, there is a return to Christian values, particularly among young people. For now, the conservative and Christian forces opposing the legalization of surrogacy are still strong enough. And we can only hope that they will continue to prevail in the future. But that is by no means certain.   

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