{"id":"assisted-reproductive-technology-and-surrogacy-act-2025","name":"Assisted Reproductive Technology and Surrogacy Act 2025","slug":"assisted-reproductive-technology-and-surrogacy-act-2025","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30004,"registerId":"wa-assisted-reproductive-technology-and-surrogacy-act-2025-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Assisted Reproductive Technology and Surrogacy Act 2025","content":"![Crest]()Western Australia\n\nAssisted Reproductive Technology and Surrogacy Act 2025\n\nWestern Australia\n\nAssisted Reproductive Technology and Surrogacy Act 2025\n\nContents\n\nPart 1 — Preliminary\n\nDivision 1 — Introduction\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Act binds Crown 2\n\nNotes\n\nCompilation table 3\n\nUncommenced provisions table 3\n\n  \n\n![]()Western Australia\n\nAssisted Reproductive Technology and Surrogacy Act 2025\n\nAn Act —\n\n- about the provision of assisted reproductive technology services and arrangements for surrogacy and related matters; and\n- to establish the Assisted Reproductive Technology Advisory and Review Board; and\n- to repeal the *Artificial Conception Act 1985*, the *Human Reproductive Technology Regulations 1993*, the *Surrogacy Act 2008* and the *Surrogacy Regulations 2009* and to revoke the *Human Reproductive Technology Directions 2021* and the *Surrogacy Directions 2022*; and\n- to make consequential and related amendments to other Acts.\n\n\n## Part 1 — Preliminary\n\n### Division 1 — Introduction\n\n##### 1. Short title\n\nThis is the *Assisted Reproductive Technology and Surrogacy Act 2025*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) Part 1 Division 1 — on the day on which this Act receives the Royal Assent (assent day);\n\n(b) Part 17 Division 13 —\n\n(i) if the *Privacy and Responsible Information Sharing Act 2024* section 158 comes into operation on or before assent day — on the day after assent day; or\n\n(ii) otherwise — immediately after the *Privacy and Responsible Information Sharing Act 2024* section 158 comes into operation;\n\n(c) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n##### 3. Act binds Crown\n\nThis Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\n[Divisions 2 and 3 have not come into operation.]\n\n[Parts 2-17 have not come into operation.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Assisted Reproductive Technology and Surrogacy Act 2025*. For provisions that have come into operation 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| *Assisted Reproductive Technology and Surrogacy Act 2025* Pt. 1 Div. 1 | 19 of 2025 | 18 Dec 2025 | 18 Dec 2025 (see s. 2(a)) |\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* (other than Pt. 1 Div. 1) | 19 of 2025 | 18 Dec 2025 | Pt. 17 Div. 13: operative immediately after the *Privacy and Responsible Information Sharing Act 2024* s. 158 comes into operation (see s. 2(b)(ii);   Act other than Pt. 1 Div. 1 and Pt. 17 Div. 13: to be proclaimed (see s. 2(c)) |\n\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":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Cannot assess scope change as only preliminary provisions are visible. The Act appears to be consolidating existing legislation (repealing 4 Acts/Regulations and revoking 2 Directions) rather than expanding scope, but the substantive provisions in Parts 2-17 would need to be reviewed to confirm this."},"complexity_factors":["Only preliminary provisions currently available for analysis (Part 1 Division 1 only)","Simple, standard commencement provisions with conditional trigger for Part 17 Division 13","Minimal defined terms in visible text (only 'assent day' appears to be defined implicitly)","Straightforward repeal schedule referencing 6 existing instruments","Standard Crown binding clause","Substantive content (Parts 2-17) not yet available for complexity assessment"],"plain_english_summary":"This is a new Western Australian law that overhauls how fertility treatments and surrogacy are regulated in the state. It replaces four older laws (the Artificial Conception Act 1985, Human Reproductive Technology Regulations 1993, Surrogacy Act 2008, and Surrogacy Regulations 2009) plus two sets of government directions from 2021 and 2022.\n\n**What it does:**\n- Sets up rules for **assisted reproductive technology** (medical procedures to help people conceive, like IVF)\n- Regulates **surrogacy arrangements** (where a woman carries a baby for someone else)\n- Creates a new body called the **Assisted Reproductive Technology Advisory and Review Board** to oversee the system\n- Makes consequential changes to other laws as needed\n\n**Who it affects:**\n- People seeking fertility treatment or surrogacy arrangements in Western Australia\n- Fertility clinics and medical professionals providing these services\n- Surrogates and intended parents\n- The new Advisory and Review Board members\n\n**Why it matters:**\nThis modernises Western Australia's fertility and surrogacy laws, bringing them into one comprehensive framework instead of the previous patchwork of old legislation. It aims to provide clearer protections and processes for everyone involved in assisted reproduction and surrogacy.\n\n**Current status:**\nOnly the preliminary sections (Part 1 Division 1) are currently in force. The rest of the Act—including all the substantive rules about fertility treatment and surrogacy—has not yet started operating and requires a proclamation (official government announcement) to begin."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not accessible. The page has been removed or relocated due to a website upgrade, and no substantive content was retrievable for analysis."},"complexity_factors":["The actual legislative text is unavailable — complexity cannot be meaningfully assessed from the source material provided","ART and surrogacy law is inherently complex in general (intersecting family law, medical regulation, and ethics), but this cannot be confirmed from the content available","The score reflects only the complexity of what was actually provided (an error/redirect page), not the underlying legislation"],"plain_english_summary":"This Western Australian Act governs assisted reproductive technology (IVF, egg/sperm donation) and surrogacy but the legislation text is currently unavailable online, so its precise permissions, obligations, parentage rules, and penalties can’t be confirmed. It matters to intended parents, surrogates, donors, fertility clinics and practitioners because it shapes legal parentage, consent and commercial arrangements.  \n\nIf this affects you, check parliament.wa.gov.au or legislation.wa.gov.au and contact the Parliamentary Counsel’s Office helpdesk or a WA family/reproductive law solicitor."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act expressly repeals the Artificial Conception Act 1985, the Surrogacy Act 2008, related regulations and revokes specified directions, indicating the replacement of the prior legal framework for assisted reproduction and surrogacy (Long title). The source text does not include predecessor texts or explanatory material, so assessment is limited to this stated replacement and the Act's cross‑referencing to other legislation (s.2)."},"complexity_factors":["Repeals and replaces multiple prior statutes and directions, implying a comprehensive redraft of the legal regime for ART and surrogacy (Long title).","Creates a new statutory body — the Assisted Reproductive Technology Advisory and Review Board — adding administrative governance and discretion (Long title).","Staggered and conditional commencement rules that tie parts of the Act to another statute (Privacy and Responsible Information Sharing Act 2024 s.158) and to proclamation, complicating rollout (s.2(a)-(c)).","Act expressly binds the Crown, extending obligations to government bodies and interacting with public decision‑makers (s.3).","Many substantive Parts are listed as not yet in operation in the compilation/uncommenced provisions tables, requiring attention to commencement instruments (Compilation table; Uncommenced provisions table).","Provision for consequential amendments to other Acts increases cross‑statute interaction and legal complexity (Long title).","Implications for data sharing, record‑keeping and privacy because commencement depends on a privacy statute, creating potential compliance and interoperability issues (s.2(b); Long title).","Transition risks for providers and affected individuals as regulatory responsibilities, consent processes and legal rights may shift under the new framework (implied by comprehensive repeal/replacement in Long title)."],"plain_english_summary":"Creates a new statutory framework for assisted reproductive technology and surrogacy, establishes an Assisted Reproductive Technology Advisory and Review Board, and repeals earlier ART and surrogacy statutes and related directions (Long title). It affects fertility clinics and professionals, prospective parents, surrogates, regulators and courts by replacing the prior legal regime and by linking the timing of some provisions to the Privacy and Responsible Information Sharing Act 2024 (s.2)."}},"importantCases":[],"_links":{"self":"/api/acts/assisted-reproductive-technology-and-surrogacy-act-2025","history":"/api/acts/assisted-reproductive-technology-and-surrogacy-act-2025/history","analysis":"/api/acts/assisted-reproductive-technology-and-surrogacy-act-2025/analysis","conflicts":"/api/acts/assisted-reproductive-technology-and-surrogacy-act-2025/conflicts","importantCases":"/api/acts/assisted-reproductive-technology-and-surrogacy-act-2025/important-cases","documents":"/api/acts/assisted-reproductive-technology-and-surrogacy-act-2025/documents"}}