Western Australia is on the verge of passing long-awaited reforms to its surrogacy laws, in a move hailed as a major victory for LGBTQIA+ equality and inclusive family rights.
After months of heated parliamentary debate, the Upper House completed its detailed review of the Assisted Reproductive Technology and Surrogacy Bill 2025, voting 22 to 12 in favour of its passage. The bill now returns to the Legislative Assembly for a final review of amendments — a step widely seen as a formality.
Once passed, the legislation will finally remove discriminatory legal barriers that have prevented gay men, single men, and members of the transgender and intersex community from accessing altruistic surrogacy in WA.
WA is currently the only Australian state or territory where gay and single men are still banned from pursuing altruistic surrogacy.
A Reform Nearly a Decade in the Making
The changes stem from a 2017 Labor election promise to overhaul the state’s outdated assisted reproductive and surrogacy laws.
An earlier attempt in 2019 failed after fierce resistance from conservative MPs. It wasn’t until the McGowan Government’s third term that the legislation was revived and pushed through.
Labor MP Stuart Aubrey shared the personal impact of WA’s current surrogacy ban during debate:
“Raising a family has never been a dream of mine, because it is not possible under our state’s laws.”
His remarks echoed the frustration of LGBTQIA+ advocates who have long called for equal access to reproductive options for all West Australians, regardless of gender, sexuality, or relationship status.
Who Backed the Bill — And Who Didn’t
Labor MPs were granted a conscience vote on the bill. Only one MP, Kate Doust, has publicly raised concerns.
As expected, opposition parties — including the Liberal Party, One Nation, and some members of the Nationals — opposed the bill throughout the Upper House proceedings.
What the New Surrogacy Laws Will Change
The Assisted Reproductive Technology and Surrogacy Bill 2025 will bring Western Australia’s laws in line with other states such as Victoria, New South Wales, Queensland, South Australia, and the ACT.
Key reforms include:
✅ Expanded eligibility for assisted reproductive technology and altruistic surrogacy
✅ Access for same-sex couples, single men, transgender, and intersex people
✅ Lowering the minimum age for surrogates from 25 to 18
✅ Removing the requirement that a surrogate must have previously given birth
These updates mark a significant step forward in removing systemic discrimination and recognising the diverse pathways to parenthood.
