Western Australia will commence the new ART and Surrogacy Act 2025 sometime in mid-2027. For gay couples and single men in Western Australia, the new laws mark important and long-awaited reforms that make surrogacy more accessible in their home state.
Many gay couples and single men are wondering if they can start a surrogacy arrangement before the new laws commence. The answer is yes, possibly. There are transitional provisions in the new laws that allow for a parentage order to be made for a child born via surrogacy even if the arrangement occurred before the new laws.
Parentage orders may also be available for children born via international surrogacy. This is particularly important for parents who might not be listed on their child’s birth certificate, and where the surrogate is still listed on the child’s birth certificate.
Applications for parentage orders for children born before the new laws commence must be made within 6 months of the commencement date. It is really important that parents watch out for that deadline, as it will not be extended.
Parents can complete an Expression of Interest form so that the government can plan for how many parentage orders might be sought in that 6 months.
If you are interested in pursuing surrogacy as a Western Australia resident, or keen to understand whether to apply for a parentage order for your child, you can get in touch.
Some other states also allow for parentage orders to be made for children born via international surrogacy, including the ACT, and New South Wales. There are limitations that parents need to consider before deciding if such an application is right for them and their child and everyone should get legal advice.
Hi! I’m Sarah Jefford (she/her). I’m a family creation lawyer, practising in surrogacy and donor conception arrangements across Australia.
I’m an IVF mum, an egg donor and a traditional surrogate, and I delivered a baby for two dads in 2018.
