WA Modernises Surrogacy and ART Laws in Monumental Reform

Western Australia has passed long-awaited reforms to assisted reproductive technology (ART) and surrogacy laws, with LGBTIQ+ organisations across the country celebrating changes that finally recognise the diversity of modern families.

“They say it takes a village to raise a child. Well, it takes an army of people to change legislation. So many people stood up to support these reforms, and I thank each and every one of them,” said Paul Hadfield-Jia of Rainbow Families and Gay Dads WA.

Passed on 3 December, the ART and Surrogacy Bill 2025 brings WA into line with the rest of the country. It allows all WA residents, regardless of gender, sexuality, or relationship status, to access ART and altruistic surrogacy equally.

WA had long been the only state that still prohibited altruistic surrogacy for gay couples and single men. This restriction has frustrated many in the LGBTQIA+ community, as well as the advocacy groups, which have labelled the decision as discriminatory for years. An independent review in 2019 also found the state’s ART and surrogacy laws to be outdated and urgently in need of reform.

That same year, an effort was made to update the laws, but it was delayed because conservative Upper House Liberal MP Nick Goiran spoke for almost 24 hours to stall the bill. As a result, many families have been waiting years for change. 

The reform has been long overdue

“Future generations of LGBTQA+ West Australians will have the same chance to create the families they dream of, without being forced to leave home or pay exorbitant costs overseas. This law brings fairness, dignity and hope,” said Hadfield-Jia. “We offer a heartfelt thank you to every MP who supported this Bill, for listening to the stories of real families, for recognising the need for justice and equality, and for acting with courage and compassion to deliver this reform.”

Gay men can now have surrogates who want to help them, lesbian couples can use reciprocal IVF, and there are new ways for parents to be legally recognised.

“These changes mean people will no longer be forced interstate or overseas just to realise their dream of having a family,” said Equality Australia CEO Anna Brown. “These reforms bring WA into the 21st century and finally deliver equal access to assisted reproductive technology for everyone – whoever they are and whoever they love.”

The new reforms create access for all to ART and altruistic surrogacy, meaning single men, same-sex couples, and trans individuals can now access these different parenthood methods without needing to prove a medical or social reason. 

Lesbian couples will also be able to use reciprocal IVF, and fertility preservation options are also available for anyone who needs help, including young people going through medical circumstances, such as hormone treatments.

A clearer journey to parenthood

The new laws simplify Western Australia’s surrogacy process by removing the previous approval requirements, lowering the minimum age for surrogates, and letting intended parents advertise for a surrogate. 

Additionally, the changes keep strict rules against commercial surrogacy, allowing only reasonable expenses to be covered.

“For intended parents, surrogates and children, these changes create clearer, safer, and more inclusive pathways to family. It is a milestone grounded in the values our communities have long called for: belonging, safety, strong systems and true leadership,” said Rainbow Futures WA CEO Misty Farquhar.

“This reform reflects years of tireless advocacy and finally brings WA into line with the rest of the country, ensuring LGBTQA+ people are recognised as able to build loving families with dignity, protection and legal certainty.”

The laws also make it easier for parents to be recognised. In some cases, the Family Court can give parentage orders for children born through surrogacy abroad. They also have some flexibility to waive requirements if it is in the child’s best interest.

“Everyone is now treated equally under the law with these outdated and discriminatory restrictions finally removed,” said Rainbow Families Executive Office Ashley Scott. “WA has been out of step with every other state and territory when it comes to LGBTQ+ people trying to start a family – and that ends now.”