Western Australia parliament has passed the Assisted Reproductive Technology & Surrogacy Act 2025, finally removing discrimination against single men and gay couples and opening the doors for everyone to access surrogacy in Western Australia. Yeah WA!
The parliamentary debate was frustrating and slow, with a mix of amazing and passionate speeches from those in support, and droning speeches from people who were against, and without much understanding of surrogacy.
The new laws regulate surrogacy and assisted reproductive treatment for Western Australians. For WA residents interested in entering a surrogacy arrangement, they will need to meet the criteria and processes including:
- Commercial surrogacy remains illegal; altruistic surrogacy is permitted. A surrogate can be reimbursed for out-of-pocket expenses.
. - The intended parents, surrogate and her partner must complete counselling with a qualified counsellor, and obtain independent legal advice prior to entering the surrogacy arrangement.
. - Everyone must sign a surrogacy agreement before proceeding with pregnancy attempts.
. - Intended parents and surrogates can advertise to find each other.
Some things that are changing:
- There is no requirement for intended parents to prove a medical need for surrogacy. Yeah WA! Social surrogacy should be legal across Australia.
. - Intended parents can be gay, straight, coupled or single.
. - There is no longer a requirement for a surrogate to have previously given birth.
. - The Reproductive Technology Council, which previously had to approve surrogacy arrangements prior to pregnancy attempts, will be disbanded. Once parties have completed counselling and legal advice and signed an agreement, they can proceed with the arrangement. There is no longer a requirement for a 3-month waiting period.
Surrogacy matching services cannot recruit or advertise for surrogates. Licensed services such as fertility clinics can recruit surrogates.
We were so excited to be in Perth to celebrate (a little early!) the new laws in Western Australia in November 2025, with a full house at the State Library to hear about surrogacy laws, processes and counselling, and get to hear from intended parents and surrogates.
Some parts of the new laws will commence soon, while others are further in the future. You should get legal advice if you’re not sure what laws apply to your situation.
Want to celebrate by joining the surrogacy community? 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.
Sarah has published a book, More Than Just a Baby: A Guide to Surrogacy for Intended Parents and Surrogates, the only guide to surrogacy in 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.
