Deputy Liberal Libby Mettam has told the parliament that she has concerns about the proposed updates to Western Australian surrogacy and assisted reproduction technology legislation.
Addressing the bill Mettam said the government had potentially included more protections and safeguards in it’s puppy farming bill than it has in its surrogacy legislation.
After a succession of Labor members speaking about their support for making it easier for people to people to access surrogacy and other forms of assistance to start a family, Mettam is the first non-government member to speak to the bill.
The former Liberal leader said every member of the Liberal party would be voting with their conscience and there were a range of views about the legislation, but she had concerns about the removal of oversight and protections in the elements of the bill relating to surrogacy.
“My concerns are focused on surrogacy aspects when it comes to the removal of oversight and the streamlining of the process involved in surrogacy arrangements without effective safeguards as it related to biological mother and child.” Mettam said.
Mettam urged her parliamentary colleagues to consider the long term harms the bill might create, and resist thinking of it as an attempt to “level the playing field”.
She said she would not be supporting changes to the laws because she believes allowing for “social infertility” rather than medical infertility leaves vulnerable women open to exploitation.
“This bill is not a gay rights bill as I see it.” Mettam said dismissing arguments that the law currently discriminates against same sex couples, and gay men. “Gay rights may be a consequence in some aspects in relation to this, but they are not the central purpose of this bill.”
Mettam said she could not support the bill because it was not centered around the wellbeing of children born via surrogacy and assisted reproductive technology, and she is concerned that there is a potential for children to be created and then being abandoned by their parents.
The politician said she was concerns about “the potential for the creation for the potential of the creation of children with no one willing to raise them.
She listed a vareity of reasons for her opposition to bill.
“The reduced regulatory oversight of surrogacy, with little to no scrutiny of intended parents, that abrogation of scrutiny of surrogacy arrangements to commercial interests, the increased potential for exploitation and commoditisation of women, the posthumous use of generic material without explicit consent before death.” Mettam said.
Mettam said she believed the government was being hasty in brining in the legislation and instead should wait until after a report that looked at the laws from the Australian Law Reform Commission was delivered in July 2026.
The MP said the bill would create a world where people would not longer be able to be sure of their biological and genetic background.
Mettam also argued that while the legislation did not allow for commercial surrogacy, it could potentially occur through lawyers using non-disclosure agreements, and called for there to be an intendent advocate for the rights of any children created via surrogacy or assisted reproductive technology.
The member for Vasse said there was concern about the removal of the Reproductive Technology Council which currently gives approval to surrogacy arrangements.
Mettam also said there needed to be a requirement for people to be of good character to be able to access surrogacy, noting that a person who is unable to to gain a working with children check would be able to become a parent. While acknowledging that anyone can have children without government approval, Mettam said where safety precautions should be added they should be embraced.
Citing international reports that raised concern about commercial surrogacy, Mettam said that many non-commercial agreements that only allow for reasonable costs would see a substantial amount of money being paid.
Mettam also said it was a problem that the Government turned a blind eye to current commercial overseas surrogacy, rather than prosecuting those involved.
“Its easy to see how the exploitation of women in financial distress, women dealing with mental health issues, and women who simply do not understand the illegality or consequences of their decisions and how they can occur, when no one is interested in looking at it, let alone prosecuting it.
‘It could even be argued that the regulator framework around puppy farming offers more protection for female breeding dogs than this legislation offers female humans.” Mettam said.
The debate is continuing in the Legislative Assembly.
