What do the reforms to the assisted reproductive technology and surrogacy laws mean for you?

The announcement by Premier Roger Cook on Tuesday that the long overdue reform of the Assisted Reproductive Technology (ART) and Surrogacy Legislation in Western Australia will finally be tabled in parliament is indeed welcome news for Concept Fertility and for our impacted community. 

First and foremost, this news is about equality and is also in line with the best interests of all donor conceived children. For too long now our Assisted Reproductive Technology (ART) and surrogacy legislation has not served West Australians equally and now we are one step closer to the ultimate goal of equal fertility care for all. 

We would like to break down what these reforms mean for our same-sex couples, singles, and donor parents. Please see below our Frequently Asked Questions.

As always, please call us on 9382 2388 if you would like to know more.

Frequently Asked Questions

What changes are being proposed to the Assisted Reproductive Technology (ART) and Surrogacy Laws in Western Australia?

• IVF will be available to all Western Australians, regardless of sex, gender identity, sexual orientation or relationship status, provided it is an appropriate treatment option for their situation. This will include all same-sex couples and single people of any sex or gender.
• Reciprocal IVF (“egg sharing”) will be available to all same-sex female couples.
• Access to surrogacy will be available to all Western Australians who need it, regardless of sex, gender identity or relationship status, and the process for accessing surrogacy will be improved. This will remain altruistic only, however payment of reasonable expenses will be allowed; commercial surrogacy remains illegal across Australia.
• All donor conceived people will have the right to information about their genetic heritage regardless of when they were conceived.
• The proposed legislation keeps the “five-family limit” in place for donors.
• The process for genetic testing of embryos (PGT) will be streamlined
• The new laws make provisions for the use of stored sperm, eggs or embryos after a partner has died, provided they provided clear consent for this.

When will these changes take effect?

While the reforms are expected to pass parliament, it may take several months before they are fully implemented. Concept Fertility is ready to offer these services to patients as soon as the legislation is passed. We will keep you up to date and communicate when this occurs through our website and social channels.

What should I do if I want to prepare to start my family now?

If you would like to be ready when the changes come into effect visit your GP for a referral to Concept Fertility. We can book in your consultation with a Fertility Specialist and arrange the relevant testing and assessments in advance, so you’re prepared to start treatment as soon the new reforms have been implemented.

Why are these changes being made?

WA’s current ART and Surrogacy Laws are over 30 years old and no longer reflect modern families or reproductive rights. The reforms aim to provide equal access to fertility treatment and remove outdated requirements, such as proving medical infertility before offering IVF.

These changes will allow patients and clinicians to make the best decisions for their situation whilst keeping the wellbeing of any child born from ART at the centre of all treatment decisions.

How will this impact same-sex couples, single people, and gender-diverse individuals?

These groups will finally have the same legal access to IVF, reciprocal IVF, and altruistic surrogacy in WA, without needing to travel interstate or overseas.

Will commercial surrogacy be allowed?

No, commercial surrogacy remains illegal Australia. Surrogacy can only take place altruistically (not for financial benefit); however, payment of reasonable expenses will be permitted. The proposed laws will make it an offence for Western Australians to engage in commercial surrogacy overseas.

Is Concept Fertility ready to offer these services to same-sex couples, singles, and gender diverse individuals?

Yes. We have the most established donor and surrogacy program in WA, and our team is ready to embrace the changes as soon as they come into effect. We have been advocating for this reform for many years and are excited to support all Western Australians in their journey to parenthood.

How will these changes impact patients who have been waiting for surrogacy access?

For many years, same-sex male couples, single males and gender diverse people in WA have not been able to access surrogacy. We know how difficult this has been, and we have stayed in touch with many hopeful parents. Once the law changes, same-sex surrogacy will be included in our services. We will be reaching out to those who have been waiting for these reforms.

What do these changes mean for donor conceived children?

Once these reforms take effect, all donor-conceived people to have the right to information about their genetic heritage regardless of when they were conceived.

Where records are available, the reforms will extend their right to access important information about their genetic heritage providing them with knowledge that may assist with future family planning and healthcare decisions.

What do these changes mean for donor families?

Regardless of age, your child will have the right to access information about their genetic heritage. This reform is in the best interest of the donor conceived child, and we encourage parents to support their children through this process if it is something they wish to explore. 

Our Donor Team and Fertility Counsellor can support our donor families through this transition.

What happens next?

These legislation reforms will be debated in parliament and while these reforms are expected to pass parliament, as stated above, it may take several months before they are fully implemented. 

In the meantime, we encourage you to start the process by getting a GP referral and booking an initial consultation with one of our fertility specialists or to Concept Fertility. You can learn more about Concept’s Fertility Specialists here.

Please contact us for more information on (08) 9382 2388, or concept@conceptfertility.com.au