WA Introduces Bill Overhauling “Discriminatory” IVF and Surrogacy Laws

National and local LGBTQIA+ advocacy groups are calling on the Western Australian government to pass legislation to reform the state’s outdated surrogacy and IVF laws.

Initially introduced under the Cook government eight years ago, the reintroduced bill would see everyone able to access assisted reproductive technologies and surrogacy, regardless of their gender, sexual orientation, or relationship status.

WA is the only jurisdiction in the country that still prohibits altruistic surrogacy for gay couples and single men. It also prevents potential parents from using IVF unless they have reproductive health issues.

“WA has some of the most outdated and discriminatory laws in the country,” said Equality Australia CEO Anna Brown.

“Gay couples have to travel interstate or overseas just to start a family — leaving behind their jobs, support networks and spending enormous sums of money — all while their children are denied the basic right of legal recognition for both parents.

Paul Hadfield-Jia, from Gay Dads WA said it was a monumental day in the state’s history. 

“For too long, outdated legislation has forced many families to pursue international surrogacy arrangements. These are often emotionally and financially burdensome, place families at risk, and deny children the full legal recognition of both their parents.”

The proposed changes would allow both partners in a same-sex relationship to be recognised as the parent of a child born through surrogacy, allowing them to stay with their family if anything happened to their legal parent.

Bill to be reintroduced after almost a decade

An independent review in 2019 found WA’s laws on surrogacy and ART to be 25 years out of date, labelling them “discriminatory”.

“Between one in four and one in six couples will have some sort of fertility issue, and the regulatory system needs to respond and evolve in relation to those changes,” said Associate Professor Sonia Allan at the time.

“It really is time for an overhaul for what currently exists. You don’t want this to be something that waits too long for action.”

The same year, a bill to repeal the provisions preventing same-sex couples and single men from accessing these reproductive services was sidelined when conservative Upper House Liberal MP Nick Goiran spoke for almost 24 hours in a filibuster to delay the issue.

MPs will be allowed a conscience vote on the issue, with advocacy groups encouraging representatives to ensure everyone has the opportunity to create a family safely, legally, and with dignity.

“There is more work to do but this Bill is a good first step, and it’s high time WA’s laws were brought into line with the rest of Australia,” said Brown.

“For many couples, the dream of starting a family has been meant years of waiting, heartache and uncertainty. We urge every MP in parliament to support this Bill and help give these couples a chance at the family they’ve been hoping for.”