Western Australia’s surrogacy laws to be reviewed

Western Australian Health minister Roger Cook has announced that the government will review Western Australia’s laws regarding reproductive technology, a move which may open a pathway for same-sex couples to use surrogates to create families.

The government said it was clear that Western Australia’s laws were out of step with other Australian states, promoting the need for a review.

“These laws are outdated in parts and are arguably not meeting current needs and developments in practice occurring in other Australian States.” Health Minister Roger Cook said.

“This review is long overdue and I encourage all interested parties to take the time to make a submission, and have their say.”

One area where Western Australia differs from other states in that altruistic surrogacy is not available to same sex couples. The restriction has seen some couples head overseas to create their families.

Speaking to The West Australian Cook said the recent changes to the federal marriage laws had highlighted that WA’s surrogacy laws could be considered discriminatory if the ban on same-sex couples remained.

Professor Sonia Allan, who did a similar review in South Australia, resulting in that State allowing same-sex couples access to surrogacy from last year, has been appointed to conduct the review.

The review will also consider a law which prevents people conceived via donor sperm or eggs prior to 2004 from automatically knowing information about their donor.

Full details of the review can be seen on the Health Department’s website and submissions are being accepted until Friday 16th March.

OIP Staff

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