{"id":"artificial-conception-act-1985","name":"Artificial Conception Act 1985","slug":"artificial-conception-act-1985","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30036,"registerId":"wa-artificial-conception-act-1985-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Artificial Conception Act 1985","content":"![Crest]()Western Australia\n\nArtificial Conception Act 1985\n\nWestern Australia\n\nArtificial Conception Act 1985\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Application 2\n\n5. Rule relating to maternity 2\n\n6. Rule relating to paternity 2\n\n6A. Rule relating to parentage — same sex de facto relationships 3\n\n7. Donor of genetic material 3\n\nNotes\n\nCompilation table 5\n\nUncommenced provisions table 5\n\nDefined terms\n\n  \n\nWestern Australia\n\nArtificial Conception Act 1985\n\nAn Act relating to the status of persons conceived by artificial means and for related purposes.\n\n##### 1. Short title\n\nThis Act may be cited as the *Artificial Conception Act 1985* 1.\n\n##### 2. Commencement\n\nThis Act shall come into operation on a day to be fixed by proclamation 1.\n\n##### 3. Interpretation\n\n(1) A reference in this Act to a married woman includes a reference to a woman who is living with a man as his de facto partner.\n\n(2) A reference (however expressed) in this Act to the husband or wife of a person —\n\n(a) is, in a case where the person is in a de facto relationship with a person of the opposite sex, a reference to the person’s de facto partner; and\n\n(b) does not, in that case, include a reference to the spouse (if any) to whom the person is actually married.\n\n(3) In this Act —\n\nartificial fertilisation procedure has the meaning given by the *Human Reproductive Technology Act 1991*.\n\n[Section 3 amended: No. 3 of 2002 s. 24.]\n\n##### 4. Application\n\n(1) The provisions of this Act apply —\n\n(a) in respect of an artificial fertilisation procedure carried out before or after the commencement of this Act either within or outside Western Australia; and\n\n(b) in respect of a child born before or after the commencement of this Act either within or outside Western Australia.\n\n(2) Nothing in this Act affects the vesting of property in possession or in interest before the commencement of this Act.\n\n[Section 4 amended: No. 3 of 2002 s. 28.]\n\n##### 5. Rule relating to maternity\n\n(1) Where a woman undergoes an artificial fertilisation procedure in consequence of which she becomes pregnant and the ovum used for the purposes of the procedure was taken from some other woman, then for the purposes of the law of the State, the pregnant woman is the mother of any child born as a result of the pregnancy.\n\n[(2) deleted]\n\n[Section 5 amended: No. 3 of 2002 s. 25 and 28.]\n\n##### 6. Rule relating to paternity\n\n(1) Where a married woman undergoes, with the consent of her husband, an artificial fertilisation procedure in consequence of which she becomes pregnant, then for the purposes of the law of the State, the husband —\n\n(a) shall be conclusively presumed to have caused the pregnancy; and\n\n(b) is the father of any child born as a result of the pregnancy.\n\n(2) In every case in which it is necessary to determine for the purposes of this section whether a husband consented to his wife undergoing an artificial fertilisation procedure, that consent shall be presumed, but the presumption is rebuttable.\n\n[Section 6 amended: No. 3 of 2002 s. 28.]\n\n##### 6A. Rule relating to parentage — same sex de facto relationships\n\n(1) Where a woman who is in a de facto relationship with another woman undergoes, with the consent of her de facto partner, an artificial fertilisation procedure in consequence of which she becomes pregnant, then for the purposes of the law of the State, the de facto partner of the pregnant woman —\n\n(a) shall be conclusively presumed to be a parent of the unborn child; and\n\n(b) is a parent of any child born as a result of the pregnancy.\n\n(2) In every case in which it is necessary to determine for the purposes of this section whether a de facto partner consented to her de facto partner undergoing an artificial fertilisation procedure, that consent shall be presumed, but the presumption is rebuttable.\n\n[Section 6A inserted: No. 3 of 2002 s. 26.]\n\n##### 7. Donor of genetic material\n\n(1) Where —\n\n(a) a woman becomes pregnant in consequence of an artificial fertilisation procedure; and\n\n(b) the ovum used for the purposes of the procedure was taken from some other woman,\n\nthen for the purposes of the law of the State, the woman from whom the ovum was taken is not the mother of any child born as a result of the pregnancy.\n\n(2) Where —\n\n(a) a woman becomes pregnant in consequence of an artificial fertilisation procedure; and\n\n(b) a man (not being the woman's husband) produced sperm used for the purposes of the procedure,\n\nthen for the purposes of the law of the State, the man referred to in paragraph (b) —\n\n(c) shall be conclusively presumed not to have caused the pregnancy; and\n\n(d) is not the father of any child born as a result of the pregnancy.\n\n[Section 7 amended: No. 73 of 1994 s. 4; No. 3 of 2002 s. 27 and 28.]\n\n[**8.** Omitted under the Reprints Act 1984 s. 7(4)(e).]\n\n[Schedule 1 omitted under the Reprints Act 1984 s. 7(4)(e).]\n\nNotes\n\nThis is a compilation of the *Artificial Conception Act 1985* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Artificial Conception Act 1985* | 14 of 1985 | 12 Apr 1985 | 1 Jul 1985 (see s. 2 and *Gazette* 28 Jun 1985 p. 2291) |\n| *Statutes (Repeals and Minor Amendments) Act 1994* s. 4 | 73 of 1994 | 9 Dec 1994 | 9 Dec 1994 (see s. 2) |\n| *Acts Amendment (Lesbian and Gay Law Reform) Act 2002* Pt. 4 | 3 of 2002 | 17 Apr 2002 | 21 Sep 2002 (see s. 2 and *Gazette* 20 Sep 2002 p. 4693) |\n| **Reprint 1: The *Artificial Conception Act 1985* as at 6 Jun 2003** (includes amendments listed above) | | | |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website.\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Assisted Reproductive Technology and Surrogacy Act 2025* s. 279(1)(a) | 19 of 2025 | 18 Dec 2025 | To be proclaimed (see s. 2(c)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nartificial fertilisation procedure 3(3)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: ROGER JACOBS, Acting Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1985 Act addressed artificial conception for married heterosexual couples only. The 2002 amendments (Acts Amendment (Lesbian and Gay Law Reform) Act 2002) significantly expanded the scope by adding section 6A, which extended parentage presumptions to same-sex female de facto relationships. This transformed the Act from a narrow heteronormative statute into one accommodating diverse family structures. Additionally, the 2002 amendments expanded the interpretation of 'married woman' and 'husband/wife' to include de facto relationships, broadening application beyond formal marriage."},"complexity_factors":["Short statute with only 7 operative sections (plus interpretation and application provisions)","Minimal defined terms — only one defined term ('artificial fertilisation procedure') which references another Act","Simple conditional structure using basic 'if-then' logic without nested exceptions","No cross-references to other legislation except the definition reference to Human Reproductive Technology Act 1991","Straightforward presumptions (conclusive and rebuttable) that are clearly labelled","Amendments are clearly marked and integrated without disrupting readability"],"plain_english_summary":"This Western Australian law settles who the legal parents are when a child is conceived through artificial means like IVF or other fertility treatments.\n\n**What it does:**\n- **For maternity:** If a woman carries a pregnancy using another woman's egg, the woman who gives birth is the legal mother — not the egg donor.\n- **For paternity:** If a married woman (or woman in a de facto relationship with a man) has fertility treatment with her partner's consent, her partner is automatically the legal father. The law assumes he consented unless someone proves otherwise.\n- **For same-sex female couples:** If a woman in a de facto relationship with another woman has fertility treatment with her partner's consent, that partner is automatically a legal parent of the child.\n- **For donors:** People who donate sperm or eggs for fertility procedures are **not** legal parents. A sperm donor is conclusively presumed not to be the father.\n\n**Who it affects:**\n- Couples using assisted reproductive technology (IVF, artificial insemination, etc.)\n- Same-sex female couples in de facto relationships\n- Sperm and egg donors\n- Children conceived through these methods\n\n**Why it matters:**\nBefore this law, parentage through artificial conception was legally uncertain. This Act ensures that the people intending to raise the child (the birth mother and her consenting partner) are recognised as the legal parents, while protecting donors from unwanted parental responsibilities. It applies regardless of whether the procedure happened in Western Australia or elsewhere, and regardless of when the child was born."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original legislative intent due to the source page being unavailable. No legislative text was provided for analysis."},"complexity_factors":["Insufficient legislative text was retrievable to perform a full complexity assessment","The Act itself (based on general knowledge) involves intersecting areas of family law, medical law, and status of persons, which adds moderate complexity","Legal definitions of 'parent' and 'child' in the context of assisted reproduction can be nuanced","Interaction with Commonwealth family law legislation (Family Law Act 1975) adds a layer of jurisdictional complexity"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe text of the **Artificial Conception Act 1985 (WA)** could not be retrieved — the source page is no longer available on the Western Australian legislation website.\n\n**What we do know about this Act generally:**\nThe Artificial Conception Act 1985 is a Western Australian law that deals with the legal status of children born through assisted reproductive technology (such as IVF or donor insemination). It primarily addresses questions like:\n- Who is legally recognised as the **parent** of a child conceived through artificial means?\n- What are the legal rights of the **birth mother's partner** (spouse or de facto) when donor sperm is used?\n- How does the law treat **sperm or egg donors** — are they considered legal parents?\n\nThis law matters to anyone who has used, or is considering using, assisted reproductive technology to have a child, as it determines parental rights and responsibilities from the moment of birth.\n\n*Note: Because the actual legislative text was not available for analysis, this summary is based on general knowledge of the Act and may not reflect amendments or current provisions. Please consult the Parliamentary Counsel's Office or a family lawyer for accurate current information.*"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's scope has been broadened since enactment. Amendments expanded coverage beyond married heterosexual couples to include de facto partners (s3(1)–(2)) and specifically accorded parentage to consenting same‑sex de facto partners (s6A). Donor exclusions and presumption rules were clarified and amended (s5; s7; amendments noted in compilation). The Act also expressly applies to procedures and births outside WA (s4(1)(a)–(b)), increasing extraterritorial reach. These changes shift legal parentage and associated rights/obligations onto the pregnant woman and her consenting spouse or de facto partner while excluding genetic donors, and they create potential litigation over rebutting consent presumptions (s6(2); s6A(2); s7(2)(c)). The Act also cross‑refers to external legislation for key definitions (s3(3)), so subsequent or uncommenced legislation may further alter practical scope (see uncommenced provisions table)."},"complexity_factors":["Statutory presumptions: conclusive parentage where husband/de facto partner consents (s6(1); s6A(1)(a)) versus rebuttable presumption of consent (s6(2); s6A(2)) — raises evidentiary and litigation risk.","Donor exclusion rules distinguish ovum donors and non-husband sperm donors from legal parentage (s5; s7(1); s7(2)(c)–(d)).","Extrajurisdictional application: provisions cover procedures and births inside or outside WA (s4(1)(a)–(b)), complicating cross-border cases.","Dependency on external definition: 'artificial fertilisation procedure' is defined in another Act (Human Reproductive Technology Act 1991) (s3(3)), requiring cross‑statute reading.","Marital/de facto definitions expand who qualifies as spouse/partner and can create overlap with existing marriages (s3(1)–(2)).","Temporal and property savings: transitional protection for property vesting before commencement (s4(2)) affects rights established earlier.","Amendments and omitted/inserted sections (1994, 2002) change scope and interaction with newer laws; an uncommenced related Act is listed (uncommenced provisions table).","Overall structural simplicity (few sections) lowers drafting complexity but leaves interpretive questions to courts (e.g. proof required to rebut presumptions)."],"plain_english_summary":"This Act fixes who counts as a child's legal parent when conception happens by assisted reproduction. It makes the pregnant woman the mother, treats a consenting husband or consenting de facto partner as the child's legal father/parent, and excludes egg or sperm donors from parentage. The rules apply to procedures and births inside or outside Western Australia. The law changes who holds parental rights and obligations, and creates conclusive and rebuttable presumptions about consent that can shift legal responsibility and prompt litigation over evidence of consent."}},"importantCases":[],"_links":{"self":"/api/acts/artificial-conception-act-1985","history":"/api/acts/artificial-conception-act-1985/history","analysis":"/api/acts/artificial-conception-act-1985/analysis","conflicts":"/api/acts/artificial-conception-act-1985/conflicts","importantCases":"/api/acts/artificial-conception-act-1985/important-cases","documents":"/api/acts/artificial-conception-act-1985/documents"}}