The Greens have reiterated that they will vote against sending the Assisted Reproductive Technology and Surrogacy Bill 2025 to the Legislative Council Standing Committee on Legislation, citing multiple previous inquiries and the decision to allow a conscience vote.
Greens WA leader Dr Brad Pettitt MLC said that ideological issues could not be resolved through a parliamentary committee process.
“Normally, as a general principle, we support referring legislation to the committee where we think there is value to be added or issues to be resolved.
“But, there is a conscience vote on this bill for a reason; deeply-held beliefs and personal ideologies cannot be resolved through the committee process.
“Surrogacy and Assisted Reproductive Technology has already been interrogated in Western Australia by the Standing Committee on Legislation in 2019 and by a Ministerial Expert Panel in 2022, as well as by the Legislative Council at length during debate in the 40th Parliament.
“This place has already heard many of the harmful arguments against reforming WA’s outdated and discriminatory surrogacy laws. Referring this Bill to committee for inquiry will only do more harm and waste precious committee resources in the process.
“These changes will give everyone, regardless of sexuality, gender identity or relationship status, equal opportunity to access altruistic surrogacy and reciprocal IVF to start a family while ensuring strong safeguards for children and clear legal recognition of parenthood.
“This is a landmark moment for equality and compassion in WA. It’s time we got on and passed this important reform.” Dr Pettitt said.
The move to refer the bill to the Standing Committee on legislation was put forward by Liberal member Michelle Hofmann and got support from One Nation, Australian Christians and conservative Labor member Kate Doust.
Doust told the chamber 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.
Debate on the legislation moved to the Legislative Council this week after being passed by the lower house last month.
Speaking to the media on Tuesday Dr Pettitt said the legislation would have the full support of all Greens members.
“WA has been waiting a while on this and its nice to see us catch up with the rest of the country.” Dr Pettitt said arguing the bill is about equality, inclusion and fairness.
Dr Pettitt said there was clear evidence that the bill would improve the lives of many Western Australians, but acknowledged that the final vote would likely be very close.
Paul Hadfield-Jia from Rainbow Families WA joined Dr Pettitt at the media call and shared his experience of making a family through overseas surrogacy processes, and how Western Australia’s current laws left his children with legal uncertainty.
“Our laws in WA do not allow men to have children.” Hadfield-Jia said. “So like so many others, have been forced to go overseas to have my children. Going overseas meant I had to face risks, financial burdens, to actually be able to have my child, and that was quite traumatic.
“But once I came back, six months after being back in Western Australia, I suddenly discovered that I had cancer. It was only at that time that I suddenly realised that if something was going to happen to me, then you know, what would happen to my daughter?
“I realised that legislation, the way that it was, did not support recognising both of us as the legal parents of my child, and so that’s really how my advocacy journey began.” Hadfield-Jia shared.
The advocate for Rainbow Families also pleaded with MPs not to cause more delays to the legislation.
“Any further delays is only going to continue to create trauma and force people to go overseas.” he said, adding, “Please protect the people that you were elected to serve.”
Debate on the move to refer the bill to the Standing Committee for deeper analysis is continuing in the parliament.
