Introduction of new assisted reproductive technology and surrogacy Bill for Western Australia
The Assisted Reproductive Technology and Surrogacy Bill 2025 (ARTS Bill) was introduced in the Western Australian Parliament on 13 August 2025. This reflects the Government’s commitment to supporting more Western Australians to start or expand their family with help from assisted reproductive technology (ART) and surrogacy.
The ARTS Bill proposes to replace the Human Reproductive Technology Act 1991, the Surrogacy Act 2008, and the Artificial Conception Act 1985.
Changes to the legislation are required as there have been significant medical and scientific advancements in ART and surrogacy, as well as changes in attitudes to family creation since the initial laws were passed in 1991 and 2008. The ARTS Bill aims to bring WA more in line with other jurisdictions nationally.
The ARTS Bill will remove current discriminatory barriers to fertility treatment, introducing broad assessment criteria for access to ART and surrogacy. Access will be based on a clinical assessment and decision, with the clinician having regard to the person’s current and future physical, psychological and social circumstances.
The new legislation will be more equitable by expanding access to fertility treatment regardless of sex, relationship status, gender identity, sex characteristics or orientation. For example, the ARTS Bill:
- uses gender inclusive language
- allows single men and same-sex couples to access ART treatments including surrogacy
- allows women in same-sex relationships to access reciprocal IVF, where the egg of one woman can be used by her partner to conceive a baby they intend to parent together.
The new ARTS Bill will continue to promote transparency and acceptance of all ways of starting or expanding a family, including for those who require donor sperm, eggs and embryos to achieve this. Importantly, the ARTS Bill provides protections for donor-conceived people. For example, the Bill will:
- expand access to donor identifying information for donor-conceived persons regardless of when they were born, where information is available
- maintain the 5 family worldwide limit for donor conception.
While the Reproductive Technology Council (RTC) has played an important regulatory role, the new framework disbands the RTC and establishes the WA ART Advisory and Review Board which has a more limited function than the RTC. The need for RTC approval will no longer be required for many matters. WA fertility clinics have indicated that this will improve efficiency by removing administrative burdens that do not otherwise improve safeguards for people using, or being born from ART. For example, the ARTS Bill will:
- remove RTC approval to extend storage limits for embryos and general approvals to export donor material
- streamline approvals for genetic testing of embryos to avoid conception of a child with a serious inheritable genetic condition.
The Bill also removes the need for RTC approval for surrogacy. Changes in the Bill will enable more WA intended parents to undertake surrogacy in WA, where important safeguards are in place for all parties, rather than seeking surrogacy arrangements in jurisdictions with fewer protections for surrogates, intended parents and children born from surrogacy.
The ART Advisory and Review Board will have a role in approving ethically complex treatments that are permitted elsewhere in Australia but currently prohibited in WA. For example:
- the use of a person’s sperm that was collected after their death by the surviving partner
- genetic testing of embryos for tissue matching, to enable the selection of an embryo for subsequent stem cell therapy to treat a close relative.
The Bill aims to ensure patient safety and clinical quality remains of the highest standard while making ART and surrogacy more accessible. For example, the Bill will maintain safety and quality assurances through departmental oversight through the licencing of fertility clinics.
The Bill places the wellbeing and best interests of the child born as a result of ART treatment at the centre of decision-making for ART and surrogacy.
More information
A copy of the ARTS Bill introduced to Parliament can be found here [Progress of Bills] (external site).
If you have any queries, please contact ART.Secretariat@health.wa.gov.au
Developing new assisted reproductive technology and surrogacy legislation
In 2019 Associate Professor Sonia Allan completed an independent review (Allan Review) into the existing state laws around ART and surrogacy. A 2-part report was published as part of this review. See details of the review and the final report.
A Ministerial Expert Panel (MEP) was convened in May 2022 to advise the Minister for Health to ensure new legislation reflects social trends and medical and scientific advances for the accessible and safe use of ART and surrogacy. Details on the activity of the MEP, including consultation undertaken, can be found below.
The MEP completed their work in December 2022. A final report was prepared with recommendations and provided to the Minister for Health. Please see the MEP’s final report below.
The Government has provided a response to the MEP final report, which is also found below.
Ministerial Expert Panel final report and government response
Ministerial Expert Panel members
Professor Roger Hart – Chairperson
Professor Roger Hart is an internationally recognised expert in the treatment of infertility and research, with a special interest in ART. He is Professor of Reproductive Medicine at the University of Western Australia, Medical Director at Fertility Specialists of Western Australia, National Medical Director of City Fertility, and Head of Reproductive Medicine Service at King Edward Memorial Hospital.
Dr Louise Farrell OAM – Deputy Chair
Dr Louise Farrell OAM is a consultant obstetrician and gynaecologist, and current Head of Colposcopy Services at King Edward Memorial Hospital. Dr Farrell is a former Chair of the Western Australian Branch of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists, and previous Clinical Director (Obstetrics and Gynaecology) at St John of God Hospital Subiaco.
Dr Angela Cooney – Member
Dr Angela Cooney is a general practitioner with expertise in reproductive health, women’s health and working with LGBTQI+ clients. Dr Cooney is the former Medical Director of Family Planning WA (now Sexual Health Quarters) and is a current sessional medical practitioner with Sexual Health Quarters.
Dr Ian Hammond AM – Member
Dr Ian Hammond AM is a retired consultant gynaecologic oncologist and former Clinical Professor in the School of Women’s and Infants Health at the University of Western Australia. He is a previous Director of the WA Cancer and Palliative Care Network and has been a Chair and member of various steering committees and expert advisory groups for the National Cervical Screening Program.
Mr Martin Kavanagh – Member
Mr Martin (Marty) Kavanagh is a barrister and solicitor with extensive experience in family law and family violence orders with a particular interest in surrogacy, LGBTQI+ legal issues, State Administrative Tribunal, Guardianship and Administration, Hague Convention (Child Abduction) matters, and international family law (particularly Ireland, USA, England and Wales).
Ms Rachel Oakeley – Member
Ms Rachel Oakeley is a barrister with a special interest in family law, infertility law and surrogacy matters. Her experience in family law includes complex property, parenting, adoption, child protection, child support and international cases. She is a registered arbitrator and nationally accredited mediator chairing family law mediations and providing advocacy services to instructors from family law practices.
Ms Fiona Seaward – Member
Ms Fiona Seaward is the Acting Deputy State Counsel for the State Solicitor’s Office and former Commissioner of the Law Reform Commission of Western Australia.
Hon Dr Sally Talbot MLC – Member
The Hon Dr Sally Talbot MLC is the Member for South West Region. Dr Talbot is the current Chair of the Standing Committee on Legislation. She is a former Chair, Deputy Chair and Member of various Parliamentary Committees including the Select Committee into Public Obstetric Services and the Joint Select Committee on End of Life Choices.
Ministerial Expert Panel terms of reference
Ministerial Expert Panel updates
Moratorium on potential breaches during consultation
Moratorium on potential breaches under the Human Reproductive Technology Act 1991 or
Surrogacy Act 2008 disclosed by consumers to the Ministerial Expert Panel during the legislative
review consultation for new Assisted Reproductive Technology and Surrogacy Legislation
The WA Government is committed to the development of new Assisted Reproductive Technology (ART)
and Surrogacy Legislation for Western Australia. As part of this process a Ministerial Expert Panel (MEP) will
be undertaking targeted consultation with key stakeholders and consumers.
During this consultation potential breaches of the current Human Reproductive Technology Act 1991
or Surrogacy Act 2008 may become apparent. The legislation would ordinarily require an
investigation by the Department of Health in circumstances where possible breaches of an Act has occurred.
To enable consumers to freely share their experience with the MEP, the Government has approved a moratorium on
information disclosed during this consultation process.
This is to protect consumers and support open communication, which will help the MEP in its role to advise
Government regarding the development of the new legislation.
Where information is shared relating to possible safety risks or potentially serious breaches of an Act this
moratorium will not apply. As the Regulator, the Department of Health will follow established procedures for
investigating matters of concern.
Consumers are still able to make formal complaints regarding ART and surrogacy services via existing channels.
The WA Government hopes that this moratorium will allow all consumers to fully participate in the development of
new legislation to best meet the needs of West Australians.
Public discussion paper
As part of the Ministerial Expert Panel’s (MEP) targeted consultation a public discussion
paper (PDF 429KB) was drafted that summarises current key issues.
Feedback to the paper was open from July to September 2022. Thank you to those who made feedback. Responses will help the MEP consider policy recommendations for new legislation in Western Australia.
All comments will be treated as public documents, unless a specific request for confidentiality was made. Comments provided may be subject to release under the Freedom of Information Act 1992. Comments provided may also be quoted from in the final MEP report to the Minister for Health.
The MEP reserves the right to remove any content that could be regarded as derogatory or defamatory to an individual or agency.
Donor conception survey
As part of their targeted consultation, the Ministerial Expert Panel (MEP) created a survey to seek feedback from people and communities who have been affected by donor conception.
This survey was open from July to September.
Thank you to those who completed the survey. Responses will help the MEP consider policy recommendations regarding donor conception for new legislation in Western Australia.
Last reviewed: 15-08-2025