Surrogacy Western Australia
If you are an intended parent living in Western Australia or a surrogate carrying for Western Australia intended parents, the ART & Surrogacy Act 2025 applies to you. Developments in late 2025, after more than a decade of campaigning, finally led to reforms that opened the doors for equal and accessible surrogacy for all Western Australians.
In August 2025, the WA government finally introduced a Bill to end discrimination and allow same sex male couples and single men to enter surrogacy arrangements in Western Australia. Watch this space for updates.
If you are new to surrogacy, you can read about how to find a surrogate, or how to become a surrogate yourself. You can also download the free Surrogacy Handbook which explains the processes and options. You can also read a broad overview of surrogacy in Australia.
The criteria for surrogacy Western Australia now includes:
- That all intended parents – married, single, gay and straight – can enter a surrogacy arrangement.
. - That the birth mother must be over 18 years of age. However, this will still require a counsellor and clinic approving a surrogate, and noting that most are over the age of 25.
. - The birth mother does not need to have had a child previously.
. - That the arrangement is altruistic. The intended parents must cover the birth mother’s out of pocket expenses in accordance with the law. Commercial surrogacy is illegal.
. - Both traditional surrogacy (involving the surrogate’s own egg) and gestational surrogacy are legal.
. - That the parties have undergone counselling about the arrangement with a qualified surrogacy counsellor.
. - That the parties have obtained legal advice about the arrangement.
. - There must be a written Surrogacy Agreement signed by all the parties.
. - Intended parents and surrogates can advertise to find each other. Recruiting services, however, are illegal unless they are clinics licensed to do so.
. - Western Australian intended parents can seek IVF treatment in their chosen clinic, including interstate.
You can read about the steps to follow once you have a surrogate, or consider what you need to do to find a surrogate.
If you are considering becoming a surrogate, you can read more about that here.
If you would like to know more about how surrogacy works in Australia and Western Australia, you might like to download the Surrogacy Handbook, or book in for a consult with Sarah below. You can also hear stories from intended parents and surrogates on the Surrogacy Podcast.
If you’re from another state, you can find all the details of the surrogacy laws that apply to you.
Sarah can assist with surrogacy arrangements across all States, including Western Australia and cross-border arrangements. You can contact me here. All consults are conducted over Zoom and email. You can book in for a consult with me below, and check out the legal services I provide.
You can also purchase Sarah’s book, More Than Just a Baby: A Guide to Surrogacy for Intended Parents and Surrogates, the only guide to surrogacy Western Australia.
Hi! I’m Sarah Jefford (she/her). I’m a family creation lawyer, practising in surrogacy and donor conception arrangements. I’m an IVF mum, an egg donor and a traditional surrogate, and I delivered a baby for two dads in 2018.
I advocate for positive, best practice surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.
