Western Australia has taken a bold step toward inclusivity and modernized healthcare with the introduction of the Assisted Reproductive Technology and Surrogacy Bill 2025, a milestone in Western Australia's IVF and surrogacy reforms. Spearheaded by the Cook Labor Government, this transformative legislation aims to make parenthood accessible to a broader spectrum of Western Australians by removing legal and social barriers for those seeking to start or expand their families through IVF, ART, and surrogacy.

Key Reforms: Making ART and Surrogacy Inclusive

The Western Australia IVF and surrogacy reforms directly address historical exclusions embedded in previous laws. The Assisted Reproductive Technology and Surrogacy Bill 2025 replaces three outdated acts: the Human Reproductive Technology Act 1991, the Surrogacy Act 2008, and the Artificial Conception Act 1985, aligning Western Australia's legislation with other progressive Australian states such as Victoria, South Australia, New South Wales, ACT, and Queensland.

Crucially, the new bill expands access to assisted reproductive technology, including IVF treatment and surrogacy, for same-sex couples, single people, transgender and intersex individuals, removing discriminatory criteria and establishing broad, equitable assessment standards. Eligibility for ART and surrogacy services will now be based on clinical evaluations considering a person’s physical, psychological, and social circumstances, not their gender, sexual identity, or relationship status.

Expanded Access: IVF and ART for All

Western Australia IVF and surrogacy reforms open doors previously closed to many hopeful parents. By removing the need for restrictive approvals, such as those previously mandated by the Reproductive Technology Council (RTC), the new framework relieves administrative burdens, improving efficiency without compromising safety. While IVF and surrogacy are highlighted in the reforms, it is important to note that the category of ART also encompasses procedures like intrauterine insemination (IUI) and intracytoplasmic sperm injection (ICSI), though these were not directly named in official statements.

These changes are particularly significant for same-sex couples, transgender and intersex people, and single individuals, all of whom have historically faced exclusion or the need to travel interstate for access to fertility treatments. As Health Minister Meredith Hammat remarked, “For Western Australians facing the prospect of heading interstate or overseas to start their family, this reform is for you. For same-sex couples who aren’t yet both recognised as the legal parent of their own children, this reform is for you”.

Empowering Donor-Conceived Individuals

One of the landmark features of the Western Australia IVF and surrogacy reforms is the recognition of the rights of donor-conceived people. The new bill guarantees the right of donor-conceived individuals to access vital information regarding their social and genetic heritage, irrespective of when they were conceived or born, provided records exist. This progressive approach empowers individuals with knowledge essential for future family planning, health management, and fostering a sense of identity.

Premier Roger Cook underscored the significance of these changes, noting that "The Assisted Reproductive Technology and Surrogacy Bill will streamline and modernise WA's assisted reproductive laws, making it easier for many Western Australians to start a family of their own.

"This legislation delivers on my government's commitment to modern, inclusive and evidence-based laws that reflect the needs of our community."

 By placing such rights at the center of the legislative agenda, the reforms highlight a child-centered approach that prioritizes long-term wellbeing.

Clinical Safeguards: Quality and Safety Remain Paramount

Quality assurance and patient safety continue to be central tenets in the Western Australia IVF and surrogacy reforms. Fertility clinics will remain subject to licensing and oversight by the Department of Health, ensuring rigorous standards in service delivery. The creation of the WA ART Advisory and Review Board, which replaces the RTC, will also offer expert oversight over ethically complex reproductive cases.

By disbanding the previous council and streamlining decision-making responsibilities, the reforms maintain high-clinical standards while improving the accessibility of services. ART participants, surrogates, and children benefit from transparent, accountable systems designed for today’s scientific advancements and family dynamics.

A Vision for Modern Families

The tone of these Western Australia IVF and surrogacy reforms is unmistakably forward-looking, inclusive, and compassionate. Health Minister Meredith Hammat emphasised, “This landmark reform is about better access to health, fairness, compassion and helping more people in our community realise their dream of becoming parents… These changes have been a long time coming, and we’re proud to be the government that is finally delivering them”.

Broader Impact: A New Era for Fertility Rights

With the passage of these Western Australia IVF and surrogacy reforms, Western Australia charts a new course for fertility rights, accessibility, and equality in Australia. By placing the best interests of children and families at the heart of policy, introducing clear and robust clinical safeguards, and removing barriers for LGBTQIA+ individuals, single people, and donor-conceived children, this legislation positions WA as a leader in reproductive inclusivity and health innovation.

As more Australians seek pathways to parenthood that reflect their diverse lives, the Western Australia IVF and surrogacy reforms set a vital precedent, ensuring every person has a fair chance to welcome a child into their family, with dignity, safety, and full legal recognition.