The government’s LGBTQ+ commissioner, Sophie Koch (SPD), has spoken out against commercial surrogacy in Germany. In the debate about the paternity of Union parliamentary group leader Jens Spahn, she told the Rheinische Post: “Many queer people have a desire to have children. They should be able to realize it. But commercial surrogacy is not the right path.”
Koch emphasized that children of queer couples must be legally safeguarded—independently of how they came into the world. The current law of parentage does not offer sufficient protection, especially for children of lesbian couples, but also for gay or trans parents. A reform is urgently needed, the SPD politician insisted.
Regarding Spahn, Koch said: “I am very much looking forward to seeing Mr. Spahn on this path at the side of the queer community.”
Background is the present legal situation whereby, among married lesbian couples, only the birth mother is automatically recognized as the legal parent, while in married heterosexual couples the man is automatically recognized as the legal parent. Federal Justice Minister Stefanie Hubig (SPD) had recently shown openness to reform of the law of parentage (TheColu.mn reported).
Concrete plans to legally guarantee the rights of lesbian mothers existed in the Federal Ministry of Justice as early as fall 2024. After the collapse of the traffic-light coalition, they were not implemented. The coalition agreement of CDU, CSU and SPD does not propose changes to the law of parentage in this regard. In general, any reforms in family law would be guided by the best interests of the child, the document notes, albeit only in broad terms. (mize)
