Western Australian Premier Roger Cook has announced the his government is moving forward with long promised reforms to the state’s surrogacy and assisted reproductive technology (ART) laws.
Speaking to the media at parliament house this afternoon the Premier said the new laws would bring Western Australia’s laws into line with other states, and make pathways to starting a family easier for many people.
The new laws will remove red tape to modernise and streamline access to fertility treatment, surrogacy, genetic testing and donor information.
The Assisted Reproductive Technology and Surrogacy Bill 2025 will remove long-standing barriers to access, enabling same-sex couples, single people, transgender and intersex Western Australians to access ART and surrogacy.
The changes will bring WA into line with other jurisdictions, including Victoria, South Australia, New South Wales, the ACT and Queensland.
Flanked by Health Minister Meredith Hammat, and advocates Paul Hadfield-Jia and Candice Dix, the premier said today was a day many Western Australians had waited a long time for, and in some cases too long.
“The Assisted Reproductive Technology and Surrogacy Bill will be introduced in parliament today.” Premier Cook said. “This bill will streamline and modernise WA’s assisted reproductive laws, making it easier for Western Australians to start a family of their own.
“It also achieves the best interests of children born through assisted reproductive technology and surrogacy are paramount. These laws will bring WA into line with much of the rest of Australia, jurisdictions including Victoria, South Australia, New South Wales, the ACT and Queensland havbe already legislated in this space, so it’s high time that we got on with it as well.”
The premier said the introduction of the legislation met his government’s commitment to develop modern, inclusive and evidence based laws that reflect the needs of the community, adding that the legislation would be historic.
Shortly after the announcement Health Minister Meredith Hammat announced the bill in Legislative Assembly, listing the extensive of legislation that will be replaced by the new bill, some which has been in place for four decades.
“These laws will enable better access to health care for everyday Western Australians.” Minister Hammat said when addressing the media.
“They will streamline and modernise the laws, and importantly they are delivering on an election commitment.” Hammat said, outlining that a considerable amount of work had gone into the development of the legislation over many years.
Paul Hadfield-Jia, from Rainbow Families and Gay Dads WA, spoke about his experience of becoming a parent, and the challenges his family face in Western Australia.
“I am a proud father of two wonderful children. A daughter aged four and a son just ten months old.” he shared. “My children were born through international surrogacy agreements because our current laws discriminate against people like me.
“Being a gay man meant that the only way I could have my children was to go overseas. This is not only costly but also incredibly risky for everyone involved. Yet people continue to take these risks because there is no other option.
“I consider myself one of the lucky ones, as my husband and I had the best possible experience with our egg donor and surrogate. Both approached us to do a sibling journey and are now very much part of my
extended family. I am eternally grateful to them and their families.
Hadfield-Jia said the legislation was arriving after many years of campaigning from advocates for change.
“We have been advocating for these reforms for many years, alongside other groups and individuals. There are hundreds of Western Australians who have been forced to go overseas to have their children, and hundreds more still waiting for our Western Australian laws to change.
“WA is the only state where our ART and surrogacy laws violate our equality laws. These laws actively exclude and discriminate against many LGBTQIA+ people from starting a family. But it does not stop there. Our current laws also punish many of those families who were forced to go overseas by denying parentage rights. Leaving our children with fewer protections than other Australian children.”
Hadfield-Jia shared how in 2021 he had a scare with cancer, and the worry he faced that his husband would not legally be recognised as his daughter’s parent.
“Our laws do not only discriminate, they are barbaric and cruel” he said.
Candice Dix shared how she and her husband had started their family, but complications with her second birth left her unable to deliver more children. To continue to grow their family, the couple turned to a surrogacy option in Ukraine.
Dix said she welcomed the proposed legislative changes. “Today is a massive step forward for Western Australian families having children in different ways.” she said.
“We had to go all the way to Ukraine to make that happen, I’d love to see a day where Western Australians can do that here, at home, in our state.” Dix said.
Premier Roger Cook calls for a respectful debate in the parliament
Roger Cook has called on parliamentarians to debate the issue respectively.
“I call on every member of parliament, if they are cross-examining the bill in relation to this to do so in a respectful manner.”
“This is not about the government, it’s not about the opposition, it’s not about politics.” he said. “This is about providing people with the opportunity to have the joy of having a family, a child. We want to provide that opportunity.”
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.
For Paul Hadfield-Jia, who has been working alongside the government encouraging them to get the legislation right this time around, today’s announcement was a major milestone.
“It feels surreal, I could really cry.” he shared with OUTinPerth. “It’s going to make such a big difference. I already have my own kids, but this legislation will change so it allows both of my children’s parents to be recognised legally, that’s just phenomenal. “If anything was to happen to me, I know they would be okay with my husband.”
‘It’s also a big win for other families. So many members of the LGBTIQA+ family including bisexual, transgender, intersex and gender diverse people. It’s a big win for all of us.”
Hadfield-Jia said the extended wait for the legislation had been frustrating, but he was hopeful that the time was now right for Western Australia’s laws to be updated.
“It’s not done yet. We still need people to be pushing with their MPs, to get people to support it. This is legislation that’s going to allow everybody, regardless of your sexuality or gender, to create families here, safely, in Western Australia. Who would not want that?”
He also had a plea for politicians who at this stage are not supportive of changes the laws.
“I say to them, come and talk to the people who have lived experience. It’s fine for them to have an opinion – but make sure its informed.
“Talk to people who have kids. Talk to people who want to have kids, and understand the struggles that they face in trying to create families.”
Equality Australia welcome WA government’s commitment to reform
Equality Australia have welcomed the announcement.
“WA has some of the most outdated and discriminatory laws in the country.” said CEO Anna Brown.
“Gay couples have to travel interstate or overseas just to start a family — leaving behind their jobs, support networks and spending enormous sums of money — all while their children are denied the basic right of legal recognition for both parents.
“There is more work to do but this Bill is a good first step, and it’s high time WA’s laws were brought into line with the rest of Australia.” she said.
“For many couples, the dream of starting a family has been meant years of waiting, heartache and uncertainty. We urge every MP in parliament to support this Bill and help give these couples a chance at the family they’ve been hoping for.”
Rainbow Futures say the bill is an important step towards improving inclusion
Dr Misty Farquhar from Rainbow Futures, the state’s peak body for LGBTIQA+ communities, has also welcomed the announcement.
“These reforms will remove outdated restrictions, provide greater clarity and support for all families, and make it easier for people to access surrogacy and ART services regardless of gender, sexuality, or relationship status.
“The legislation recognises the diversity of families in WA and ensures that everyone has the opportunity to create a family in a safe, supportive, and legally secure way.” Dr Farquhar said.
“These changes mark an important step towards reproductive rights and LGBTIQA+ inclusion in the state.”
