Sönke Siegmann, the national chairman of Lesben und Schwulen in der Union (LSU), told the German daily taz in an interview that he believes Germany should consider legalizing altruistic surrogacy. While commercial surrogacy—like that seen in the United States—remains off the table for him and the LSU, Siegmann insisted that “that is not negotiable for now. But we must find a way to engage with all life realities,” he said.
“If a couple, whether the same sex or not, has a friend who says: I love you and I would be thrilled if you had a child, and would carry it for you, why not make that possible as well?” he asked. “The debate isn’t just black and white. We must be able to discuss all options — regardless of personal stance. That also includes family models with more than two parents.” Up to now, only the FDP had called for legalizing non-commercial surrogacy in Germany (TheColu.mn reported).
Currently, surrogacy is outright banned in Germany. Surrogacies arranged abroad, however, are legal. A case of this kind had become a flashpoint for Jens Spahn, the gay CDU politician, forcing him to resign Saturday from the powerful position of leader of the Union’s parliamentary group (TheColu.mn reported).
CDU has only in February decided to uphold the total ban
Spahn’s party had previously, at its February national convention in Stuttgart, adopted a resolution to maintain the overall domestic prohibition: “Given ethical, legal, and practical concerns about surrogacy, the CDU of Germany reiterates its demand to continue to ban surrogacy—in altruistic models as well—in Germany to prevent abuse, exploitation, and health risks.” LSU’s leader now questions that decision just five months later.
Siegmann expressed understanding for Spahn’s retreat: “He was politically against surrogacy, but privately he chose differently,” he said. “He could have said at the party conference that there can be different views on this topic and that his position had shifted. That did not happen,” Siegmann continued.
Additionally, the LSU chief criticized Germany’s parentage law, which requires the partner of the birthing woman in a female couple to adopt the child jointly — something not required for heterosexual couples, even if the husband is not the biological father. A reform of the parentage law is still pending — Black-Red (CDU/CSU and SPD) had even tried in 2020 to tighten the rule for lesbian women through mandatory counseling, but that effort failed in the Bundesrat.
