About surrogacy in Western Australia

In Western Australia access to surrogacy arrangements are limited to:

• heterosexual married or de facto couples who are unable to conceive a child due to medical reasons or are likely to conceive a child affected by a genetic abnormality or disease; or
• a woman who is unable to conceive or give birth to a child due to medical reasons; or is likely to conceive a child affected by a genetic abnormality or disease.

Medical reasons above to do not include a reason arising from a person's age.

• The birth mother must be at least 25 years of age.
• The birth mother must have had at least one child (except in exceptional circumstances).
• The Surrogacy Agreement has been signed by:
  • the arranged parents;
  • the birth mother and her husband or partner (if applicable); and
  • any donor/s and their spouse or partner (if applicable).
• All parties to the Surrogacy Agreement must:
  • undertake counselling;
  • be assessed for medical and psychological suitability for surrogacy;
  • receive independent legal advice.

After the necessary steps above have been completed, there is a 3-month cooling off period before an approval can be issued.

A surrogacy arrangement cannot be approved if the birth mother has become pregnant under the arrangement.

The laws around surrogacy currently limit access to women and heterosexual couples. Broader access to surrogacy is available outside Western Australia.

The law in Western Australia is being reviewed and the WA Government has committed to providing equity of access to altruistic surrogacy for women who face impending infertility, single men, people in same-sex relationships, transgender people and intersex people.

Surrogacy cannot be for reward.  Only altruistic surrogacy is permitted in Western Australia.

There are significant penalties for:

• making a surrogacy arrangement for reward;
• receiving "valuable consideration" for introducing parties for a surrogacy arrangement, whether or not that arrangement is for reward;
• publishing advertisements seeking or offering surrogacy for reward; or
• providing a service to facilitate a surrogacy arrangement for reward.

Reasonable expenses may be reimbursed.