WA makes history: ART & Surrogacy Bill 2025 passes after years of community advocacy
In a landmark moment for Western Australians, the Assisted Reproductive Technology and Surrogacy Bill 2025 passed through Parliament today, clearing its final hurdles in what advocates are calling one of the most important reforms for the LGBTQIA+ community since marriage equality.
The Bill, first introduced to Parliament by Meredith Hammat (WA Minister for Health) in August, was read for the third time in the Upper House this morning. Speeches from MPs emphasised fairness, compassion and inclusive access to family-building. With the agreed legislative amendments, the Bill headed to the Lower House to be given the final approval.
Why the Bill matters
The new law repeals outdated statutes including the Human Reproductive Technology Act 1991, Artificial Conception Act 1985 and the Surrogacy Act 2008, replacing them with a modern, unified framework for Assisted Reproductive Technology (ART) and Surrogacy.
Importantly for LGBTQIA+ West Australians, the Bill removes long-standing discriminatory barriers. It ensures that same-sex couples, transgender and intersex people, single individuals and others who were previously excluded can now access ART and altruistic surrogacy on equal grounds.
The requirement to prove “medical infertility” has been abolished. Under the new legislation access to ART or surrogacy will be determined by clinical assessment; medical, psychological and social circumstances, rather than outdated statutory definitions.
The legislation also modernises regulation: a new licensing, oversight and advisory structure under the State’s Department of Health will oversee fertility clinics, replacing the previous regulatory architecture.
Historically queer parents were forced to overseas surrogacy to commence their families, with government not legally recognising the parents of these children. The reforms will overturn this approach and allow parents to apply for parentage agreements for their children, providing their children the same parental protections as other Western Australian children.
What this means for the LGBTQIA+ community
For decades Western Australia lagged behind other states. Until now, WA was the only jurisdiction that prohibited altruistic surrogacy for gay men and single men.
With today’s passage of the Bill, many LGBTQIA+ West Australians, including gay dads, trans and intersex people, will finally have the chance to build their families at home, legally and with dignity. This reform restores equality of opportunity and erases a painful barrier that has forced many to seek surrogacy interstate or overseas.
Advocates anticipate a surge in demand for fertility treatment and surrogacy services from those who long dreamed of parenthood but lacked legal access in WA.
A grassroots campaign finally bearing fruit
This milestone did not happen overnight. Years of grassroots activism, personal storytelling, sustained community pressure, legal submissions and advocacy laid the foundation for change. Local and national LGBTQIA+ organisations joined with individuals with lived experience, surrogacy advocates, lawyers and allied MPs, all contributing to shift public understanding and legislative will.
Countless families shared their stories of hardship and hope, meeting with MPs, engaging the media, writing submissions and campaigning, showing the human cost behind outdated laws. This collective effort turned political inertia into progress.
Statement from Paul Hadfield-Jia - Read the full story here.
Paul Hadfield-Jia of Rainbow Families and Gay Dads WA welcomed the passage of the Bill as “a historic and emotional day.” As a parent who pursued international surrogacy due to restrictive WA laws, his advocacy has helped centre the voices and experiences of queer parents throughout this reform.
He said: “Today’s vote means that future generations of LGBTQIA+ West Australians will have the same chance to create the families they dream of, without being forced to leave home or pay exorbitant costs overseas. This law brings fairness, dignity and hope.”
“Today, we offer a heartfelt thank you to every MP who supported this Bill, for listening to the stories of real families, for recognising the need for justice and equality, and for acting with courage and compassion to deliver this reform. In particular we acknowledge Minister Meredith Hammat for delivering the Bill, and all members of the Lower and Upper Houses who lent their voice in support.”
“They say it takes a village to raise a child. Well it takes an army of people to change legislation. So many Australians stood up to support these reforms and I thank each and every one of them.”
He added that the change would not only benefit same-sex couples and singles but also other West Australians struggling to start a family, bringing hope and inclusion to many.
What’s next
With the Bill now passed in Parliament and on its way to final assent, the community looks forward to its formal commencement. Some parts of the legislation will come into force soon; full implementation may take time but the path forward is clear.
When it becomes law, WA will take a major leap forward, ensuring every West Australian has the opportunity to become a parent, regardless of sexual orientation, gender identity or relationship status.
This is more than legal reform. It is recognition. It is hope. It is justice.