Assisted Reproductive Tech & Surrogacy Act 2025

Long-awaited changes to Western Australia's assisted reproductive technology and surrogacy legislation have been passed by State Parliament, after weeks of consideration in the upper house.

The Assisted Reproductive Technology and Surrogacy Act 2025 removes long-standing barriers to access, enabling same-sex couples, single people, transgender and intersex Western Australians to access ART and surrogacy.

The new legislation brings WA into line with other jurisdictions, including Victoria, South Australia, New South Wales, the ACT and Queensland.

An 18-month implementation period is now underway, with the new laws scheduled to commence in mid-2027.

During this implementation period, the Department of Health will develop the necessary regulations to support the legislation, provide education and support to fertility clinics and the community, and also establish the new Assisted Reproductive Technology Advisory and Review Board. Service providers will also use this time to prepare the relevant education and operational supports for their own staff.

The legislation is designed to support clearer, more equitable and contemporary reproductive healthcare.

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