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Labor’s Kate Doust calls for surrogacy bill to be sent to review committee

Labor MLC Kate Doust has backed a call for the Assisted Reproductive Technology and Surrogacy Bill 2025 to be referred to a parliament’s standing committee on legislation for deeper analysis and investigation.

The call to refer the bill to the committee inquiry was put forward by Michelle Hofmann, the Liberal member who also earlier presented a e-petition outlining community opposition to the bill. Liberal colleague Anthony Spagnolo and Phil Twiss also voiced support for the move.

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Doust told the chamber that she supported the motion and urged her Labor colleagues to use their conscience vote and send the bill for deeper review.

Labor MLC Kate Doust.

Labor has gone to several elections with a promise to update the state’s laws relating to both Assisted Reproductive Technology and Surrogacy legislation. An attempt to update the legislation in 2019 was referred to the same committee and afterwards Labor never returned to issue.

“The idea of sending this to committee to apply an appropriate lens of scrutiny, to determine if it reaches the appropriate benchmarks, thresholds that will actually function in the best of pubic interest.” is something Doust said she was behind.

The long serving Labor MLC recalled the debate around surrogacy during the time of the Carpenter government and noted that she’d been involved in the first discussions in parliament about the issue in 2007 including a Legislation Committee review.

Doust argued that the 2025 bill currently before parliament is a much more complex and substantial bill than previous legislation and sending it for review would be a “positive” move.

“Whether you agree with the bill or whether you don’t, I think there are benefits to having this type of inquiry because it may be as a result of the work done by that committee there might be a better way of doing things. There might be changes proffered to the legislation that will either provide clarity, or tighten up elements, or delete elements, it might being us into line with other parts of the country.” Doust said.

The Labor member said that while there had been a previous review of earlier legislation by the standing committee in 2019, the Allen Report on the issue in 2020, and the report from an expert panel in 2023 – these were not sufficient as the landscape surrounding surrogacy and reproductive technology was constantly changing.

Doust said parliament needed to hear more from women who have been surrogates in the past, and adults who were born via donor processes. The MP also said there need to be more insight into the age that children could access information about their biological parentage, and greater questioning of the age women could become a surrogate.

The Labor MP, who is known for her conservative views, noted that by allowing women to become surrogates at the age of 18, rather than the current age of 25, could see high school students undertaking the role and being at risk of coercion.

Marika Gorenewald from the Australian Christians also voiced support for a review by the standing committee, while Rod Caddies from One Nation also indicated he’d ben in favour of a referral.

The Greens said they did not support the move arguing that no value would be added via the process.

“A committee referral would only delay parliament progressing this long awaited and long overdue piece of legislation.” Greens leader Dr Brad Pettitt said. While Dr Brian Walker from Legalise Cannabis described the proposal as a waste of time.

Debate on the proposal has been adjourned and will be continued at a later point in parliament’s proceedings.

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