{"id":"surrogacy-regulations-2009","name":"Surrogacy Regulations 2009","slug":"surrogacy-regulations-2009","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182132,"registerId":"wa-surrogacy-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Surrogacy Regulations 2009","content":"![Crest]()Western Australia\n\nSurrogacy Act 2008\n\nSurrogacy Regulations 2009\n\nWestern Australia\n\nSurrogacy Regulations 2009\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Term used: counsellor 1\n\n4. Counselling about implications of surrogacy arrangement 1\n\n5. Application for approval of surrogacy arrangement 4\n\n6. Counselling about the effect of parentage order 5\n\nNotes\n\nCompilation table 6\n\nUncommenced provisions table 6\n\nDefined terms\n\n  \n\nSurrogacy Act 2008\n\nSurrogacy Regulations 2009\n\n##### 1. Citation\n\n\t\tThese regulations are the *Surrogacy Regulations 2009*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1, 2 and 3 — on the day on which these regulations are published in the *Gazette*;\n\n(b) regulations 4 and 5 — on the day on which the *Surrogacy Act 2008* section 17 comes into operation;\n\n(c) regulation 6 — on the day on which the *Surrogacy Act 2008* section 21 comes into operation.\n\n##### 3. Term used: counsellor\n\nIn these regulations —\n\ncounsellor means a person who is eligible for full membership of the Australian and New Zealand Infertility Counsellors Association.\n\n[Regulation 3 inserted: SL 2021/96 r. 4.]\n\n##### 4. Counselling about implications of surrogacy arrangement\n\n(1) The counselling that is referred to in section 17(c)(i) of the Act is counselling provided by a counsellor that covers the following issues —\n\n(a) the likely effect of the surrogacy arrangement on the birth mother and on her relationship with the arranged parents;\n\n(b) whether, and to what extent, the birth mother should allow the arranged parents or a donor to express their views about aspects of the birth mother’s lifestyle and behaviour during a pregnancy in connection with the surrogacy arrangement;\n\n(c) whether prenatal testing will be considered and how the birth mother, the arranged parents and any donor will address a situation where a serious defect of a fetus is found;\n\n(d) identification of expenses associated with the pregnancy and the birth that may be paid on behalf of, or reimbursed to, the birth parents and the circumstances in which those expenses may be paid or reimbursed;\n\n(e) identification of expenses associated with a donation of eggs or sperm intended to be used for the conception of a child that may be paid on behalf of, or reimbursed to, a donor and the circumstances in which those expenses may be paid or reimbursed;\n\n(f) who is to be present at a child’s birth;\n\n(g) arrangements for the arranged parents to take care of a child following birth, including the process of separation of birth parents from the child;\n\n(h) how the birth of a child born with a disability would be dealt with under the surrogacy arrangement;\n\n(i) how the separation of the arranged parents, or the death of either or both of them, before a child’s birth would be dealt with under the surrogacy arrangement;\n\n(j) what information would be given to the child about the circumstances of the child’s birth and when and by whom it would be given;\n\n(k) what communication it is proposed that a child would have with the birth parents and the family of the birth parents during childhood and how any proposed contact is to be managed;\n\n(l) what communication it is proposed that a child would have with a donor and the family of a donor during childhood and how any proposed contact is to be managed;\n\n(m) the likely effects of the surrogacy arrangement on other children of the birth parents or the arranged parents, and the involvement of those children in the process in ways appropriate to their age and maturity;\n\n(n) the likely effects of the surrogacy arrangement on the birth mother’s husband or de facto partner (if any), including consideration of how the surrogacy arrangement may impact on that relationship;\n\n(o) the likely effects of the surrogacy arrangement on a donor or the family of a donor;\n\n(p) how the situation of birth parents changing their minds about transferring the care of a child to the arranged parents would be dealt with;\n\n(q) the attitude towards, and impact of, the surrogacy arrangement on the extended families of the birth parents, the arranged parents and any donor;\n\n(r) the level of support networks for the parties during the surrogacy arrangement;\n\n(s) methods of conflict resolution.\n\n(2) The counsellor is to determine the process to be used in the provision of counselling.\n\n(3) The counsellor is to prepare and give to the arranged parents a written certificate stating —\n\n(a) the name of each party who has undertaken the counselling referred to in subregulation (1); and\n\n(b) details of any concern the counsellor has about the surrogacy arrangement as a result of the counselling; and\n\n(c) the day on which counselling was completed by each of the parties.\n\n[Regulation 4 amended: SL 2021/96 r. 5.]\n\n##### 5. Application for approval of surrogacy arrangement\n\n(1) An application to the Council for the approval of a surrogacy arrangement is to be in a form approved by the Council.\n\n(2) The application is to be accompanied by —\n\n(a) evidence of the age and obstetric history of the birth mother; and\n\n(b) evidence of the age of each arranged parent; and\n\n(c) a copy of the signed surrogacy arrangement; and\n\n(d) a copy of the certificate referred to in regulation 4(3); and\n\n(e) a copy of a clinical psychologist’s report referred to in section 17(c)(ii) of the Act for each of the parties stating the name of the clinical psychologist who undertook the assessment and the day on which the assessment was completed; and\n\n(f) a written notice from each legal practitioner who has provided legal advice about the effect of the surrogacy arrangement to a party stating —\n\n(i) the name of the practitioner providing the advice; and\n\n(ii) the name of the person to whom the advice was provided; and\n\n(iii) the day on which the advice was provided; and\n\n(iv) whether the advice was independent legal advice within the meaning given in section 14 of the Act;\n\nand\n\n(g) a copy of a medical practitioner’s report referred to in section 17(d) of the Act for each of the parties stating —\n\n(i) the name of the medical practitioner who undertook the assessment; and\n\n(ii) the day on which the assessment was completed; and\n\n(iii) details of any concerns the medical practitioner has about the effect that involvement of the person in the surrogacy arrangement may have on any known medical condition of the person; and\n\n(iv) details of any medical condition of the person that may pose a risk to a child born as a result of the surrogacy arrangement; and\n\n(v) in the case of the arranged parents, whether the eligibility criteria set out in section 19(1)(b) of the Act have been met.\n\n##### 6. Counselling about the effect of parentage order\n\nAppropriate counselling for the purposes of section 21(2)(b) of the Act is counselling about the effect of the proposed order provided by a counsellor following the birth of the child.\n\n[Regulation 6 amended: SL 2021/96 r. 6.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Surrogacy Regulations 2009* and includes amendments made by other written laws. 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| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Surrogacy Regulations 2009* | 25 Feb 2009 p. 501‑8 | r. 1, 2 and 3: 25 Feb 2009 (see r. 2(a));   Regulations other than r. 1‑3: 1 Mar 2009 (see r. 2(b) and (c) and *Gazette* 27 Feb 2009 p. 512) |\n| *Surrogacy Amendment Regulations 2021* | SL 2021/96 23 Jun 2021 | r. 1 and 2: 23 Jun 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 24 Jun 2021 (see r. 2(b)) |\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| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Assisted Reproductive Technology and Surrogacy Act 2025* s. 279(1)(d) assented to 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\napproved counsellor 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":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations primarily provide procedural and evidentiary detail to implement the Surrogacy Act 2008: they define who may act as a counsellor, set what counselling must cover, and list documents required for Council approval. Amendments noted (2021) refine the counsellor definition and clarify documentary requirements but do not materially expand the subject matter or policy scope of the regulations beyond their original purpose of regulating counselling, assessments and applications for surrogacy approval."},"complexity_factors":["Short instrument with 6 regulations but detailed content in a small number of provisions","1 defined term (counsellor) with dependency on an external professional membership (ANZICA) — Reg 3","Detailed 19‑item counselling checklist in Reg 4(1) with nested subtopics (a)–(s)","Multiple documentary requirements in Reg 5(2) including medical, psychological and legal reports with sub‑requirements (e)(i)–(ii), (f)(i)–(iv), (g)(i)–(v)","Cross‑references to several provisions of the parent Act (sections 14, 17, 19(1)(b), 21) requiring readers to consult the Act for full effect","Amendment history (2021) noted in footnotes; conditional commencement rules in Reg 2 add a timeline dependency"],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- Sets procedural rules that implement parts of the Surrogacy Act 2008. It does not re‑write the Act; it specifies who can act as a counsellor, what counselling must cover, what paperwork must accompany an application for approval of a surrogacy arrangement, and what counselling is required after a child’s birth for a parentage order. (Regs 3–6.)\n\n- Identifies the single recognised counsellor qualification: a person eligible for full membership of the Australian and New Zealand Infertility Counsellors Association (ANZICA). (Reg 3.)\n\n- Requires comprehensive pre‑surrogacy counselling by that counsellor and lists the topics the counselling must cover (for example: effects on relationships, prenatal testing, expenses, birth attendance, post‑birth care and contact arrangements, how disability or parental death/separation would be handled, support networks, and conflict resolution). The counsellor decides how the counselling is delivered. The counsellor must give the arranged parents a written certificate naming who received counselling, the day counselling finished, and any concerns the counsellor has. (Reg 4(1)–(3).)\n\n- Prescribes what an application for the Council’s approval of a surrogacy arrangement must include: evidence of ages and obstetric history, the signed surrogacy agreement, the counsellor’s certificate, a clinical psychologist’s report for each party, written notices from legal advisers confirming who received advice and whether it was independent under the Act, and medical practitioner reports for each party covering medical risks and whether eligibility criteria in the Act are met for arranged parents. (Reg 5(1)–(2)(a)–(g).)\n\n- Specifies that “appropriate” counselling after the child’s birth (for the purposes of seeking a parentage order) is counselling by an approved counsellor about the effect of the proposed order. (Reg 6.)\n\n**Who this affects**\n\n- Prospective arranged parents and birth mothers (and any donors) who want the Council’s approval for a surrogacy arrangement: they must undergo specified counselling, medical, psychological and legal assessments, and provide documentary evidence when applying. (Reg 4–5.)\n\n- Counsellors (ANZICA‑eligible professionals): they must supply the counselling described, choose the process of delivery, and issue written certificates that may influence the Council’s approval decision. (Reg 3–4.)\n\n- Medical practitioners, clinical psychologists and legal practitioners who must prepare reports or notices required for an application. (Reg 5.)\n\n- The approval body (the Council under the Act): it receives and assesses the specified documentation before approving an arrangement. (Reg 5(1).)\n\n**Why it matters (stated purpose, and practical implications)**\n\n- Purpose claimed in the instrument: to ensure parties to surrogacy arrangements are appropriately assessed and informed about the legal, medical, psychological and practical consequences, and to provide the Council with documentary evidence when deciding whether to approve a surrogacy arrangement. (Regs 4–6.)\n\n- Costs and who pays: applicants will typically bear the costs of counselling, clinical psychological assessments, medical examinations and legal advice required by the regulations. The counselling requirement also requires service‑provider capacity (ANZICA‑qualified counsellors). (Regs 3–5.)\n\n- Administrative discretion and decision points: the counsellor determines how counselling is delivered and certifies any concerns (Reg 4(2)–(3)); the Council decides whether to approve an application in a form it prescribes (Reg 5(1)). These create points where professional judgment and Council policy/practice affect outcomes.\n\n- Compliance burden and timing risk: the multiple mandatory documents (counsellor certificate, medical and psychological reports, legal notices) increase upfront time, cost and coordination for parties and may delay approval. (Reg 5(2).)\n\n- Access and substitution effects: requiring ANZICA eligibility for counsellors narrows the pool of approved counsellors; if locally scarce, applicants may face higher fees or travel to obtain counselling. Parties seeking different regulatory regimes might consider jurisdictions with different rules (a practical possibility, not a statutory claim). (Reg 3.)\n\n- Impact on private behaviour: the rules encourage early and detailed contracting, full professional assessments and documented legal advice. They also make counselling and reporting central to the approval process, which can influence how parties negotiate contact, prenatal testing and financial arrangements. (Regs 4–5.)\n\n- Concentrated benefits and diffuse costs: professionals authorised by the regs (ANZICA counsellors, psychologists, medical and legal practitioners) gain paid work from the compliance requirement; costs are spread across prospective parents and birth mothers via fees and time required. (Regs 3–5.)\n\n**Concrete mechanisms to note (sections cited)**\n\n- Counsellor qualification: reg 3.\n- Detailed counselling topics: reg 4(1)(a)–(s).\n- Counsellor certificate content and delivery discretion: reg 4(2)–(3).\n- Application required documents (age, obstetric history, signed agreement, counsellor certificate, psychologist report, legal notices, medical reports): reg 5(2)(a)–(g).\n- Post‑birth counselling for parentage order: reg 6.\n\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the counselling and application requirements of the Surrogacy Act 2008. The 2021 amendments simply updated the definition of 'counsellor' to reflect current professional body naming (Australian and New New Zealand Infertility Counsellors Association), without expanding the scope beyond the original intent of ensuring proper screening and informed consent in surrogacy arrangements."},"complexity_factors":["Only 6 regulations total, with straightforward sequential numbering","Single defined term ('counsellor') in regulation 3","Regulation 4 contains a detailed but un-nested list of 19 specific counselling topics (paragraphs (a) through (s))","Minimal cross-referencing—only references to specific sections of the parent Surrogacy Act 2008 (sections 14, 17, 19, 21)","No conditional logic or exceptions within the substantive provisions","Clear structural separation between pre-approval counselling (regulation 4), application requirements (regulation 5), and post-birth counselling (regulation 6)","Staged commencement provisions (regulation 2) are standard and easy to follow"],"plain_english_summary":"These regulations set out the practical rules for how surrogacy arrangements work in Western Australia. They require everyone involved—the birth mother, the intended parents, and any sperm or egg donors—to receive mandatory counselling from a qualified professional before a surrogacy arrangement can be approved. The counselling must cover 19 specific topics, ranging from who will be present at the birth, to how to handle conflicts, to what happens if the baby has a disability or if the intended parents separate or die before the birth. The regulations also specify what paperwork must be submitted to the Council (the government body that approves surrogacy arrangements), including medical reports, psychological assessments, and proof that everyone received independent legal advice. Finally, they require additional counselling after the child is born, before a court can make a parentage order (a legal order transferring parentage from the birth mother to the intended parents)."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was provided. The submission contained only a website error message and an Acknowledgement of Country, not the text of the Surrogacy Regulations 2009."},"complexity_factors":["No legislative content was retrievable — the source page returned a 'page not found' error message only","No provisions, definitions, schedules, or operative clauses were present in the supplied text","Complexity cannot be meaningfully assessed without access to the actual legislation"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page for the *Surrogacy Regulations 2009* (Western Australia) is no longer available at the original web address. The content of the actual regulations was not provided — only an error message explaining that the page has been moved or removed due to system upgrades.\n\n**What this means for you:** If you need to read or rely on the *Surrogacy Regulations 2009* (WA), you should:\n- Visit the Western Australian legislation website ([legislation.wa.gov.au](https://www.legislation.wa.gov.au)) and search directly for the regulations\n- Contact the Parliamentary Counsel's Office helpdesk as suggested on the error page\n- Speak with a family law solicitor if you have urgent questions about surrogacy arrangements in WA"}},"importantCases":[],"_links":{"self":"/api/acts/surrogacy-regulations-2009","history":"/api/acts/surrogacy-regulations-2009/history","analysis":"/api/acts/surrogacy-regulations-2009/analysis","conflicts":"/api/acts/surrogacy-regulations-2009/conflicts","importantCases":"/api/acts/surrogacy-regulations-2009/important-cases","documents":"/api/acts/surrogacy-regulations-2009/documents"}}