Federal Minister for Family Affairs, Karin Prien (CDU), has announced that there are no plans to make changes to the current legal framework concerning surrogacy. According to a spokesperson from the Federal Ministry of Family Affairs, the coalition agreement does not call for any modifications to the existing laws, and the legal situation regarding surrogacy in Germany is currently well-defined.
Fundamentally, the Adoption Mediation Act prohibits the arrangement of replacement mothers, which constitutes a ban on surrogacy arrangements within Germany. Furthermore, the law includes an advertising prohibition. The spokesperson added that it is illegal to publicly seek or offer surrogate mothers or commissioning parents. This prohibition generally applies to all forms of advertising related to surrogacy. The enforcement and prosecution of violations fall under the responsibility of the respective state authorities.
This discussion surfaced in the background of a private matter concerning CDU faction leader Jens Spahn; the politician and his husband recently welcomed a son born in the United States via a surrogate. The Federal Ministry of Family Affairs stated it would not comment on individual cases but acknowledged the situation.
