Western Australia (WA) has just passed landmark reforms to its surrogacy and assisted reproductive technology (ART) laws, a move that starkly contrasts with the latest UN report calling for the global abolition of the practice due to the violence, exploitation and harms against women and children.
The Assisted Reproductive Technology and Surrogacy Bill 2025 (ARTS Bill) has recently been passed by the State Parliament, despite years of roadblocks and delays since it was first proposed in 2017. This new legislation replaces the Surrogacy Act 2008 and aligns WA with all other Australian jurisdictions. The new law is expected to commence in mid-2027.
According to the Western Australia Health Ministry, the new legislation will be more “equitable” by expanding access to fertility treatment regardless of sex, relationship status, gender identity, sex characteristics or orientation. For example, the ARTS Act, uses gender inclusive language and will now allow for single men and same-sex couples to access ART treatments, including surrogacy.
The significant changes under the new legislation include:
- Expanded Eligibility: Eligibility for surrogacy and ART services is extended to now include same-sex couples, the LGBTIQA+ community, and single people (including single men). Previously, only women with reproductive health problems and heterosexual couples were eligible. This expansion should make readers consider the potential risks and ethical concerns involved.
- Medical Requirements: The requirement of medical infertility (or medical need) to access surrogacy is removed.
- Surrogate Eligibility:
- The minimum age for a surrogate is lowered from 25 to 18.
- The requirement for a surrogate to have previously given birth to their own child is removed.
- Regulatory Changes: The Reproductive Technology Council (RTC) is to be abolished, and a new Assisted Reproductive Technology Advisory and Review Board will be established.
- Donor Information Access: The law enables donor-conceived individuals to access information about their genetic and social heritage, regardless of when they were born (where records are available).
- Commercial Surrogacy Ban: The legislation continues to prohibit commercial surrogacy, permitting only altruistic surrogacy (reimbursement of reasonable expenses).
Timing is crucial, as WA’s reform coincides with the UN’s recent report condemning surrogacy’s exploitation and violence, emphasising the law’s controversial nature. Regardless of whether the system is altruistic (as in WA), the UN report argues that the practice inherently treats women and children as commodities. Expanding access means expanding the demand for women’s reproductive labour, potentially exposing more women to the risk of exploitation and psychological/medical harm.
Portraying this new law as a human rights reform for family formation obscures the ethical issues, as it undermines the rights of children and surrogate mothers and promotes the unethical commodification of children. Amid a UN report condemning the harms of surrogacy to women and children, this new law is hardly a revolutionary reform. Rather, it signifies a sombre chapter in Western Australia that risks enabling exploitation and the violation of human rights of women and children under the guise of equality and modernity.
*Written by Family First staff writers*
