- Cook Government's major reform of assisted reproductive technology (ART) and surrogacy laws has passed Parliament
- Landmark legislation will allow greater access for Western Australians to start or grow their families through ART and surrogacy
- Approximate 18-month implementation period as regulations to support the legislation developed
- Delivers on Cook Government's commitment to modern, inclusive and evidence-based laws that reflect the needs of the community
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.
With more Western Australians needing fertility treatment or the help of a surrogate, these new laws make it easier for them to start a family.
Changes under the Assisted Reproductive Technology and Surrogacy Act 2025 include:
- protecting the best interests of ART and surrogacy-born children;
- removing discriminatory barriers and opening access to ART and surrogacy to couples and single people struggling to conceive, including members of the LGBTIQA+ community, by removing the requirement of medical infertility;
- providing clarity around fertility preservation, when collection is needed to provide for the future reproductive options if someone is undergoing medical treatments or procedures that can damage reproductive materials or organs; and
- enabling donor-conceived individuals to have access to information about their genetic and social heritage.
The new legislation brings WA into line with other jurisdictions, including Victoria, South Australia, New South Wales, the ACT and Queensland.
There will now be an approximately 18-month implementation period before the new laws commence in mid-2027.
During this time the Department of Health will develop the necessary regulations to support the legislation, provide education and support to fertility clinics and the community, and establish the new Assisted Reproductive Technology Advisory and Review Board.
For more information on the new laws, please visit the WA Health website .
As stated by Premier Roger Cook:
"Western Australians have waited a long time for this moment, and today we deliver.
"Following weeks of careful consideration, these long-awaited reforms have now passed through Parliament.
"This marks a significant step forward for those who have been waiting for the opportunity to start or grow their families.
"These new laws bring WA into line with other states, removing outdated barriers and ensuring equal access to assisted reproductive technology and surrogacy services for all.
"They reflect our commitment to modern, inclusive legislation - laws that keep pace not only with medical advancements but also with community expectations."
As stated by Health Minister Meredith Hammat:
"This is an historic and proud day for our State.
"These new laws are about better access to health, fairness, compassion and helping more people in our community realise their dream of becoming parents.
"These reforms have been long awaited, and I want to thank the advocates who championed them and worked alongside us for years to make them a reality.
"We now enter the implementation phase, and the Department of Health is working hard to ensure this legislation is ready to support Western Australian families in 2027."
