Surrogacy in Western Australia

If you are an intended parent living in Western Australia or a surrogate carrying for Western Australia intended parents, the Surrogacy Act 2008 applies to you.

The criteria for surrogacy in WA includes:

  • That the intended parents have a medical need for surrogacy. Currently, only heterosexual couples and single women can access surrogacy in Western Australia. Single men and same-sex couples cannot access surrogacy. This is the subject of proposed reforms hopefully coming later this year. As a result of the current laws, most same sex male couples in WA go overseas or relocate to another State to pursue surrogacy.
  • That the birth mother is over 25 years of age.
  • The birth mother must have given birth to her own child. This requirement might be dispensed with in exceptional circumstances.
  • The arranged parents (intended parents) must be over 25 years of age.
  • 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.
  • That the parties have undergone counselling about the arrangement with a qualified counsellor, and completed independent psychological assessments with a psychologist.
  • That the parties have obtained legal advice about the arrangement.
  • There must be a written Surrogacy Agreement signed by all the parties.
  • The arrangement must have been approved by the WA Reproductive Technology Council.

Western Australia intended parents can only seek IVF treatment within WA. This means that the embryo transfer must occur in a WA clinic. You should speak to a lawyer before pursuing treatment options outside of your State.

It is illegal to advertise for a surrogate in WA, and it is illegal for someone to publish anything that indicates they are willing to be a surrogate for someone else. Read more about how you can find a surrogate in Australia.

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 Handbook, or book in for a consult with Sarah below. You can also hear stories from intended parents and surrogates on the Podcast.

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.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her 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.

more than just a baby

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