ARTFEED — Contemporary Art Intelligence

Germany's Surrogacy Laws: Bigotry or Pragmatism?

other · 2026-07-24

Germany prohibits surrogacy but accepts children born via surrogacy abroad, a policy that medical lawyer Oliver Tolmein describes as potentially bigoted or pragmatically elegant. The debate intensified after CDU politician Jens Spahn and his husband had a child via surrogacy in the USA. Tolmein questions whether the state infringes on women's self-determination by banning surrogacy and how consistently it should limit freedoms. The discussion pits self-determination against commercial interests.

Key facts

  • Germany bans surrogacy
  • Germany accepts children from surrogacy abroad
  • Oliver Tolmein is a medical lawyer and professor
  • Jens Spahn is a CDU politician
  • Spahn and his husband had a child via surrogacy in the USA
  • Debate involves self-determination and commercial interests

Entities

Institutions

  • CDU

Locations

  • Germany
  • USA

Sources