Western Australia Enacts Landmark IVF and Surrogacy Law Reform to Expand Access
State parliament passes far-reaching legal changes to broaden assisted reproductive treatment rights for a more inclusive range of families
Western Australia’s parliament has passed historic legislation that significantly broadens access to in-vitro fertilisation and other assisted reproductive technologies, marking a major shift in family-building rights in the state.
The reforms remove longstanding barriers that previously required prospective parents to demonstrate medical infertility before accessing treatment and update legal frameworks governing surrogacy and IVF to reflect modern medical practice and social values.
Under the new Assisted Reproductive Technology and Surrogacy Act 2025, people of diverse sexes, genders, orientations and relationship statuses will be able to access fertility treatment and surrogacy services on the basis of clinical need rather than outdated statutory criteria.
Single individuals, same-sex couples, transgender and intersex people will now be eligible to use assisted reproductive technology, including reciprocal IVF for female partners, without the legal hurdles that had long restricted access.
The reforms also strengthen protections for donor-conceived people by expanding their ability to obtain genetic information where records exist.
The legislation, which passed both houses of the Western Australian parliament with cross-party support after years of debate and advocacy, brings the state into alignment with other Australian jurisdictions that have already modernised their reproductive health laws.
The reforms are designed to prioritise the wellbeing and future interests of children born through ART and surrogacy while ensuring high standards of safety and ethical oversight through the Department of Health.
Officials have outlined an implementation period of approximately eighteen months before the new law takes effect in mid-2027. During this time, regulatory frameworks will be developed, and an Assisted Reproductive Technology Advisory and Review Board will be established to support clinics, clinicians and families navigating the updated system.
Government leaders have characterised the change as a compassionate, evidence-based step toward equity and access in family-forming options.
Families and advocacy groups have welcomed the reforms as a long-awaited and significant milestone for reproductive rights in Western Australia, enabling many people who previously had to travel interstate or overseas for fertility treatment to start or expand their families within their home state.
The reforms remove longstanding barriers that previously required prospective parents to demonstrate medical infertility before accessing treatment and update legal frameworks governing surrogacy and IVF to reflect modern medical practice and social values.
Under the new Assisted Reproductive Technology and Surrogacy Act 2025, people of diverse sexes, genders, orientations and relationship statuses will be able to access fertility treatment and surrogacy services on the basis of clinical need rather than outdated statutory criteria.
Single individuals, same-sex couples, transgender and intersex people will now be eligible to use assisted reproductive technology, including reciprocal IVF for female partners, without the legal hurdles that had long restricted access.
The reforms also strengthen protections for donor-conceived people by expanding their ability to obtain genetic information where records exist.
The legislation, which passed both houses of the Western Australian parliament with cross-party support after years of debate and advocacy, brings the state into alignment with other Australian jurisdictions that have already modernised their reproductive health laws.
The reforms are designed to prioritise the wellbeing and future interests of children born through ART and surrogacy while ensuring high standards of safety and ethical oversight through the Department of Health.
Officials have outlined an implementation period of approximately eighteen months before the new law takes effect in mid-2027. During this time, regulatory frameworks will be developed, and an Assisted Reproductive Technology Advisory and Review Board will be established to support clinics, clinicians and families navigating the updated system.
Government leaders have characterised the change as a compassionate, evidence-based step toward equity and access in family-forming options.
Families and advocacy groups have welcomed the reforms as a long-awaited and significant milestone for reproductive rights in Western Australia, enabling many people who previously had to travel interstate or overseas for fertility treatment to start or expand their families within their home state.
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