🌈 WA Surrogacy Update: Parentage Orders for Historical Surrogacy ⚖️ May 2026

Update from Paul Hadfield - Jia.

"I have been engaging with WA Health to help share an important update on the implementation of the Assisted Reproductive Technology and Surrogacy Act 2025 (ARTS 2025), which is expected to come into effect in full mid-2027.

They have asked me to help circulate this information through the community. . Please also check the comments for more information.

KEY UPDATE: Parentage orders for historical surrogacy

A major change under the new laws is a pathway for intended parents to apply for legal parentage, including for past surrogacy arrangements.

For children born before the new laws begin:

There will be a one off, non-extendable 6-month window to apply for a parentage order through the Family Court of WA.

This window starts from when the Act officially begins.

Important: If this window is missed, there is no extension.

For children born after the laws begin:

Applications must be made within 6 months of birth, with possible extensions at the Court’s discretion.

Who this applies to

You may be eligible if your child was born through:

• Surrogacy in Australia or overseas

• Arrangements that did not meet previous legal requirements

• Situations where a parentage order was not previously possible or was refused

You must be a WA resident to apply

Why this matters

For many families, this is the first real opportunity to have their legal parentage formally recognised. The opportunity is significant, but the timeframe is tight, so awareness is critical.

Help us support the community

If you are a parent or intended parent planning to apply, please complete the short form.

It only takes a few minutes and will help us understand demand and advocate for the right support.

Any information shared will only be used with consent. Names and phone numbers will not be shared. Only email contact details and summary data will be used for planning and advocacy.

PLEASE SHARE THIS WITH ANYONE WHO MAY BE IMPACTED and check comments below for more information.

I will continue to provide updates as implementation progresses."

WA Health information on Parentage Application: https://tr.ee/yiW3Pb

More information on ARTS 2025:

• WA Health updates

• ART FAQs

• New assisted reproductive technology and surrogacy Act for Western Australia from mid-2027