Advertising and expenses - donor assisted conception and surrogacy

Advertising for altruistic donors or surrogates is permitted in Western Australia. Commercial donation or surrogacy (where the donor or surrogate receives material or financial gain) is not permitted in Western Australia.

It is an offence to give or offer valuable consideration (an inducement, discount, payment or priority) to another person for:

  • the supply of human eggs, sperm or embryos
  • entering into a surrogacy arrangement.

It is also an offence to receive or seek to receive valuable consideration for introducing (or agreeing to introduce) people who might enter into a surrogacy arrangement.

Valuable consideration doesn't include:

  • reasonable expenses relating to the collection, storage or transport of the human eggs, sperm or embryos;
  • reasonable expenses in a surrogacy arrangement relating to achieving pregnancy or birth, or assessment or advice on the surrogacy arrangement.

During a surrogacy arrangement, a reasonable expense can be:

  • a medical expense not recoverable under health insurance;
  • the value of foregone earnings relating to:
    • the birth (2 month maximum);
    • other medical reasons;
  • psychological counselling fees; or
  • health, disability or life insurance fees associated with the surrogacy arrangement.

Licensed fertility providers are required to ensure that they do not receive commercially donated gametes (sperm or eggs) or embryos for storage or use in an assisted reproductive technology procedure. Licensees must undertake due diligence to confirm that only reasonable expenses have been reimbursed.

More information

Reproductive Technology Unit

Mail to:PO Box 8172, Perth Business Centre, WA 6849