Trent and Brad Dunn can finally move forward with their dream of becoming dads after becoming the first same-sex couple approved for surrogacy by Western Australia’s Reproductive Technology Council.
After three years of legal battles, a Western Australian gay couple has cleared a major hurdle on their path to parenthood.
Trent and Brad Dunn challenged WA’s surrogacy laws after discovering they met the requirements to proceed with their arrangement — except for one thing: they were two men.
“This has been a really long journey for us and for our family, for our surrogate’s family, for our egg donor’s family,” Brad told WAtoday.
Under WA’s existing laws, same-sex male couples and single men remain excluded from accessing surrogacy. Those restrictions are due to disappear when the state’s new Assisted Reproductive Technology and Surrogacy Act takes effect in mid-2027.
Rather than wait, Trent and Brad took their case through the courts, arguing the restrictions amounted to unlawful discrimination.
They have now received approval from the Reproductive Technology Council to proceed with their surrogacy arrangement — a significant first for a same-sex couple in WA.
‘Time’s really crucial’
For Brad, the victory is about more than finally moving forward.
He highlighted the extensive safeguards already involved in surrogacy, including counselling, psychological assessments, medical testing and independent legal advice for those involved. WA Health confirms these remain requirements under the current system.
The couple have begun treatment with their surrogate, who is supported by her wife, and a separate egg donor.
“We know plenty of challenges still lie ahead of us, but we are overjoyed to be focused now on the wonderful opportunity of parenthood,” Brad said.
“This home will be safe, this home will be loving, and this home will be nurturing.”
Their victory could also help other LGBTQ+ couples navigate the existing system before the new legislation begins.
Trent and Brad have created a template based on their surrogacy arrangement that others may be able to use.
“If it means that someone doesn’t have to experience that same pain and it can be streamlined for them, then this has been worth it,” Brad said.
WA’s incoming legislation will ultimately remove barriers based on sex, relationship status, gender identity, sex characteristics and sexual orientation, bringing the state more closely into line with the rest of Australia.
