Debate over the Cook government plans to update the state’s surrogacy and IVF laws began in parliament this week.
Bringing the Western Australia legislation into line with other states has been a long held promise for Labor that they’ve failed to deliver over the two previous terms of government.
The commitment to change the laws was made prior to election of the McGowan government in 2017.
The government attempted to change the legislation during their first term but were hit with strong opposition from the Liberal party with conservative Liberal MLC Nick Goiran delivering a filibuster speech that ran for over 22 hours.
After a disastrous first attempt at changing the laws the government has shied away from the issue and returned to an in-depth consultation with medical experts, community members, and legislators. Six long years have passed since the last attempt.
Ahead of the 2025 state election Cook made a pitch to voters, promising the laws would be introduced within the first half of the year if his government was reelected.
This time round the governments approach appears to be much more coordinated.
Premier Roger Cook announced the second run at changing the laws last month, falling short of the election promise of swift action. Standing on the steps of parliament house for a media call he was flanked by Health Minister Meredith Hammat and advocates who could share their personal stories of wanting to start a family.
As soon as the Premier made his announcement media releases from key organisations in favour of the laws being updated started arriving in journalist’s in-boxes.
The following day Hammat spoke about the legislation in parliament and laid out the wide range of processes the government had been through to develop the newest proposal of the laws. She highlighted the findings of Allen Report that looked into the legislation, and the consultation conducted by a Ministerial expert panel.
In the four weeks since introducing the bill Labor members have been on a promotional campaign to sure up support in their electorates. Social media streams have been filled with MPs voicing their support via videos and stories from local residents.
“I have been contacted by a large number of local residents, who have advocated on behalf of friends and neighbours and family members.” member for Perth John Carey posted. “My position is very clear: I strongly support these laws.”
“It’s about doing what’s right – making WA’s laws fairer, supporting people who want to start or grow their family.” said Belmont MLA Cassie Rowe.
“This is an important Bill for many of my current (and future) families in my community and has been a long time coming.” said Terry Healy, the member for Southern River. “These reforms will remove outdated barriers, improve access to fertility treatment, and help more Western Australians realise their dream of starting or growing a family.”
Michelle Maynard, the member for Swan Hills was another sharing her support online. “These once-in-a-generation reforms remove outdated barriers, improve access to fertility treatment, and help more Western Australians start or grow their families.” she also said.
The debate began in parliament on Thursday with Scarborough MP Stuart Aubrey delivering a personal and emotional view on what changing the laws will accomplish.
“Raising a family has never been a dream of mine, because it is not possible under our states laws.” the MP said, highlighting that as a gay man he had limited options.
Aubrey shared that he had only begun to consider the possibility of becoming a parent in the future since the legislation was introduced. in an emotional speech the MP shared how he’d been spending time with his sibling’s children and begun to think of becoming a parent in the future.
“I felt that barrier start to break, there was a shift, I no longer felt the weight of them needing to be my only window into what parenthood would feel like.” Aubrey said describing the blocks to starting a family as “an invisible burden”.
Aubrey said removing barriers to starting a family, reminded him of the freedom people felt when Australian’s marriage laws were changed.
“This legislation isn’t just a legal change that removes barriers to access surrogacy in WA, its a shift in what I can even imagine for my future.” Aubrey said.
He also ended with a plea for a respectful debate.
“I ask you to think of your own families, the laughter around the table, the arms that hold you tight in tough times, the pride you feel watching your loved ones grow, and ask yourself ‘why would we not want more of that love in this world?’”
“And if that days comes, if you use your power to give me the chance, I know that I will be a loving father.” Aubrey said.
Following on from Aubrey, Riverton MLA Dr Jags Krishnan spoke about the changes that the bill will deliver.
“For too long our legislation has lagged behind advances in medical sciences and the reality of modern families.” he told the chamber.
Dan Bull, the member for Maylands, shared a story about a mother who’d reached out to him about her gay son and his partner’s desire to start a family. He also shared the story of Mohd and his husband, Khalib who had made Australia their home after moving from Malaysia.
Jessica Stojkovski, the Minister for Child Protection, spoke about her own journey to parenthood via invitro fertilisation processes. Divina D’Anna, member for Kimberly, spoke about the families she met from the LGBTIQA+ communities, many who had opted for expensive and challenging overseas surrogacy pathways.
Mandurah’s Rhys Williams relayed the story of constituents Brodie and Gianni and their journey to parenthood via overseas surrogacy. Stephen Pratt, representing Jandakot, also spoke about meeting the couple and hearing their story.
Dave Kelly, Bassendean’s MP, shared that he knew how important this bill was to constituents in his electorate noting that Rainbow Futures CEO Dr Misty Farquahar and Living Proud CEO Meaghan Holden had both spoken to him about the bill, and he’d also been in touch with the team at the Pride Youth Network who he’d gotten to know well during his time as Youth Minister.
“The opportunity to have a family is a wonderful thing that currently in Western Australia is denied to many people, not for any legitimate medical reason, but because of outdated, quite archaic and quite hurtful notions of what a family is or should be. This bill will remove that discrimination and I look forward to it being passed.” Kelly said.
Joondalup MP Emily Hamilton and Hillarys’ Caitlin Collins also spoke in favour. Collins recalled her dentist had asked her when the government was going to make a move on surrogacy reform while she was getting her teeth cleaned. She also shared the story of Padbury couple Dario and Elijah who were exploring becoming parents.
Positive praise for the bill continued with Michelle Maynard from Swan Hills, former Health minister Amber-Jade Sanderson, Rockingham’s Magenta Marshall, Kalgoorlie’s Ali Kent, Butler’s Lorna Clarke, Bibra Lake’s Sook Yee Lai and Cannington’s Ron Sao all speaking.
After a break in proceedings the debate resumed later in the day with Cockburn’s David Scaife sharing that he was conceived through artificial insemination, and in preparing to speak in favour of the bill he’d spoken to his own mother about her experiences all those years ago. He was followed up by South Perth’s Geoff Baker, and Southern River’s Terry Healy.
With debate adjourned, the discussion is expected to continue in the week ahead. But with the government holding 46 of 59 seats, the bill will have no obstructions to being passed.
None of the seven lower house Liberal MPs have spoken to the bill, and neither have any of the six Nationals in the chamber.
Late last month Bevan Eats, the member for the south-west seat of Warren -Blackwood submitted a question to the Health Minister asking for more information about the government’s approach to the bill.
In a multi-pronged question Eats asked about consultation with women’s group, and inquired if the government would consider sending the bill for review by a parliamentary committee and the Western Australian Law Reform Commission.
Eats also asked why the government had opted to bundle the reforms for surrogacy and assisted reproductive technology into the same bill.
No answer has been supplied by the government at this stage.
The Legislative Council is more complex
When the bill moves to the Legislative Council it’s more likely there will be less of a chorus of agreement.
It’s guaranteed that some, if not all members of the Liberals will be opposed. The Australian Christians will be opposed, and it’s expected the two One Nation members will also vote against the bill.
That puts 16 Labor members on the government side, with the Nationals and Liberals teaming up with One Nation and Australian Christians with potentially 15 votes. The remaining cross bench comprises Dr Brian Walker from Legalise Cannabis, four members of The Greens, and Amanda Dorn from the Animal Justice party.
The issue is being treated as a conscience vote by the major parties which means you potentially could see someone cross the floor or abstain on voting. But Labor will need to ensure cross-bench members are on board to pass the bill through the parliament.
The Australian Christian Lobby have ramped up their campaign against the bill
This week Michelle Pearse, CEO of the Australian Christian Lobby, said surrogacy could be ulitised by pedophiles wanting children abuse.
“At the extreme end, since surrogacy has been legalised in Australia, there have been cases where children were acquired through surrogacy by convicted paedophiles, and in some instances, abuse of the child occurred.” Pearse said in an email to supporters.
Pease said surrogacy “allows the state to authorise the deliberate creation of motherless and fatherless children”
The group’s Western Australian state director Jacob Hill went one step further and said the concern was about making surrogacy available for “single men and same-sex couples.”
“There is no criminal check required for commissioning parents. This means that even a known paedophile could commission and raise a child.” Hill said highlighting a 2013 case relating to two men, Mark J Newton and Peter Truong, who obtained a child via overseas surrogacy 2005.
While the two men abused the child in Queensland, they were arrested in the USA where they were sentenced to prison sentences of 40 years and 30 years.
A flaw in the ACL’s argument is that the men in his example did not have any criminal record prior to becoming parents either. And every day hundreds of Australians become parents without getting a criminal check, and tragically some of those people are also sexual abusers, regardless of their sexuality or martial status.
Hill also claims that children raised by people other than both their biological parents are disadvantaged, but not offer any evidence to support the claim.
He wrote. “The reality is, the weight of evidence shows that children who are not raised by both of their biological parents are significantly disadvantaged.
Similar claims were made by the Australian Marriage Alliance, a group closely aligned with Australian Christian Lobby, during the debate over marriage equality. The statistics used in their campaign were deemed by experts to be dubious at best.
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