West Australians, particularly single and gay men, have long waited for the surrogacy laws to become more accessible. Under the current Surrogacy Act 2008, only ‘opposite sex’ couples and single women could pursue surrogacy in Western Australia.

Despite a decade of campaigning for law reform, nothing has changed. In good news in August 2025, the WA government finally introduced a Bill to end discrimination and allow same sex couples and single men to enter surrogacy arrangements in Western Australia.

The introduced the Assisted Reproductive Technology and Surrogacy Bill 2025 (the ARTS Bill) outlines a new framework for surrogacy in Western Australia:

1. The Reproductive Technology Council will be abolished, and will no longer need to approve a surrogacy arrangement before it proceeds.
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2. Treatment can occur outside Western Australia, freeing up parties to seek treatment in fertility clinics of their choosing.
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3. Only altruistic surrogacy will be permitted and the ban on commercial surrogacy will continue. Surrogates can have their prescribed out of pocket expenses covered.
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4. There will be no need for intended parents to prove a ‘medical’ or ‘social’ need to enter a surrogacy arrangement. This should provide relief for anyone wanting to enter a surrogacy arrangement in Western Australia, including women who have had to ‘prove’ they are unable to carry a pregnancy, often after a long history of pregnancy loss and infertility.
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5. The intended parents and surrogate must complete pre-surrogacy counselling and obtain independent legal advice before signing a written surrogacy agreement. Donors will no longer be parties to surrogacy arrangements, consistent with the rest of Australia.
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6. Intended parents will be able to advertise and recruit for a surrogate, and so will licensed fertility clinics. Other services including matching services are not included.
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7. The parties will enter a Relationship Plan to reflect their intentions for future relationships between the surrogate and the child.

The Bill also make changes to regulation of fertility treatments for same sex female couples, posthumous use of gametes and donor conception.

I’ll keep posting updates as the Bill progresses, hoping to see new laws commence before the end of 2025.

The Australian government announced a review of Australia’s surrogacy laws which is underway in 2025-2026.

For now, intended parents in Western Australia will continue to follow the Surrogacy Act that provides the following criteria:

• That the intended parents must have a medical need for surrogacy. The legislation refers to single women and ‘opposite sex’ couples. As a result of the current laws, most single men and same sex couples in WA go overseas or relocate to another state to pursue surrogacy.
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• That the birth mother is over 25 years of age.
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• The birth mother must have given birth to her own child. This requirement might be dispensed with in exceptional circumstances.
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• At least one of the arranged parents (intended parents) must be over 25 years of age.
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• 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.
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• That the parties have undergone counselling about the arrangement with a qualified counsellor, and completed independent psychological assessments with a psychologist.
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• That the parties have obtained legal advice about the arrangement.
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• There must be a written Surrogacy Agreement signed by all the parties.
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• The arrangement must have been approved by the WA Reproductive Technology Council.

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.

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 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.

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.