Debate has begun on landmark legislation to remove long-standing barriers to Western Australians starting families in their own State through assisted reproductive technology (ART) and surrogacy.

The Cook government say the Assisted Reproductive Technology and Surrogacy Bill 2025 will modernise and streamline access to fertility treatment, surrogacy, genetic testing and donor information.

The changes will bring WA into line with other jurisdictions, including Victoria, South Australia,
New South Wales, the Australian Capital Territory and Queensland.

The government says the Bill ensures the best interests of children born through ART and surrogacy are paramount and maintains safety and quality assurances through the licensing of fertility clinics by the Department of Health.

For donor-conceived people, where records are available, the reforms will extend their right to access important information about their genetic heritage – regardless of when they were conceived – providing them with knowledge that may assist with future family planning and health care decisions.

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Health Minister Meredith Hammat said the reforms would make it possible for more Western Australians to start a family.

“This reform is comprehensive and compassionate, making it possible for more Western Australians to start their families in their home State.

“I acknowledge the hurt felt by those parents who wanted to start their families here in WA but couldn’t. It’s an emotionally taxing journey that we should spare future Western Australians from having to endure.

“For Western Australians who’ve already had a child through an overseas surrogacy arrangement, this Bill will allow for parental recognition and protection for their children.

“These changes have been a long time coming, and we’re proud to be the government that is
delivering them.” Minister Hammat said.

Stuart Aubrey begins the debate saying its a very personal issue

Member for Scarborough Stuart Aubrey opened the debate over the bill saying for him it was a deeply personal issue.

Aubrey said he was considering the bill while accepting their were many different perspectives on the topic that he could never personally embody, but he also drew upon the input of the many experts who had worked on the reform over many years.

“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.

The MP made a plea to parliamentary colleagues to hold a respectful debate on the issue, and to think of how much they value their own families.

“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.

Western Australians have waited for the laws to be updated for over 8 years

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 MLC Nick Goiran delivering a filibuster speech that ran for over 12 hours.

The debate continues in the Legislative Assembly.