Posthumous collection and use of gametes or embryos

In Western Australia (WA) there are laws relating to the posthumous collection of gametes, but the posthumous use of gametes is currently prohibited.

The Human Tissue and Transplant Act 1982 (external site) may permit the posthumous collection of gametes for transplantation or for a therapeutic, medical or scientific purpose where:

• the deceased person had consented to or expressed a wish for the collection; or
• there is no evidence to suggest that the deceased person had an objection to the collection and the senior next of kin consents to the collection.

The Human Reproductive Technology Directions 2021 (external site) prohibits licensed fertility providers from using gametes in an artificial fertilisation procedure after the death of the gamete provider.

Therefore, it may be possible for senior next of kin to consent to the posthumous collection of gametes in some circumstances, however the gametes cannot currently be used in Western Australia.

New assisted reproductive technology and surrogacy legislation for WA

On 13 August 2025, the Assisted Reproductive Technology and Surrogacy Bill 2025 (ARTS Bill) was introduced to WA Parliament. The ARTS Bill will be debated in Parliament and may be subject to change through the Parliamentary process. The Bill can be found on the WA Parliament website [Progress of Bills] (external site).

The proposed ARTS Bill permits posthumous use of gametes and embryos by a surviving partner, with specific requirements. Until the new ARTS legislation comes into effect (including the making of regulations), access to posthumous use will remain prohibited under the Human Reproductive Technology Directions 2021.