Western Australia bill

Assisted Reproductive Technology and Surrogacy Bill 2025

WARoyal AssentFull text

Jurisdiction

Western Australia

Making Date

2025-08-13

Collection

bill

Parliamentary Progress

IntroducedFirst ReadingSecond ReadingCommitteePassed HousePassed SenatePassed BothRoyal Assent

Plain English Summary

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What this Bill does, in plain English

It replaces several older laws and creates a single, detailed regulatory framework for assisted reproductive technology (ART) and surrogacy in Western Australia. Key themes are licensing of clinics and services, mandatory record‑keeping and registers, rules on consent and storage of reproductive material and embryos, restrictions on commercial trading and cloning, a statutory advisory and decision‑making Board, and a Family Court pathway for transferring parentage after surrogacy. (See: Parts 2, 4, 5, 6, 7, 10.)
It makes almost all providers of ART services operate under a licence (s. 19) that specifies premises and services (s. 18). Licence holders must meet accreditation, insurance and quality requirements (s. 156, s. 175(4)), collect and supply data to government registers (ss. 35–41, 96–100), and keep secure identifiable records about donors, recipients and children born from ART (ss. 36, 39). The CEO of the Department enforces licensing, may suspend or cancel licences, and can investigate and enter premises (Part 7; Parts 8–9).
The Bill defines what counts as an ART procedure (s. 8) and restricts who may perform or supervise procedures (ss. 23–24). A medical practitioner must certify that an ART procedure is appropriate for a person before it proceeds (s. 25). Children under 18 are largely excluded from procedures except limited fertility preservation (ss. 21(2), 26).
It sets out detailed consent rules for collection, use, storage and withdrawal of consent in relation to reproductive material and embryos (ss. 50–60). Donors can attach conditions and may revoke donations before use (s. 47). There are mandatory counselling and identity‑verification steps before consent (ss. 51–52).

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What this bill would change

The Assisted Reproductive Technology and Surrogacy Bill 2025 (the Bill) repeals and replaces five pieces of Western Australian legislation: the Artificial Conception Act 1985, the Human Reproductive Technology Act 1991, the Surrogacy Act 2008, the Human Reproductive Technology Regulations 1993, and the Surrogacy Regulations 2009. It also revokes the Human Reproductive Technology Directions 2021 and the Surrogacy Directions 2022. In their place, the Bill creates a single integrated licensing and regulatory framework for assisted reproductive technology (ART) services and surrogacy arrangements. The key structural changes include: a new licensing scheme for ART service providers under Part 7, administered by the CEO of the Department; the establishment of the Assisted Reproductive Technology Advisory and Review Board (the Board) under Part 10 to provide advice and decide certain applications; a new parentage framework in Part 3 Division 3 that replaces the parentage provisions of the repealed Artificial Conception Act 1985; a revised surrogacy framework in Part 6 that broadens the definition of surrogacy arrangements to include overseas surrogacy arrangements (clause 16(2)) and introduces relationship plans (clause 113); and two new central registers maintained by the CEO - the register of identity (clause 96) and the register of ART procedures (clause 99). The Bill also makes consequential amendments to 14 other Acts, including the Births, Deaths and Marriages Registration Act 1998 and the Human Tissue and Transplant Act 1982 (Parts 15 to 17). Notably, the Bill criminalises commercial trading in reproductive material and embryos (clause 92) and prohibits surrogacy for reward (clause 111), while allowing reimbursement of reasonable surrogacy expenses (clause 107). The Bill received royal assent on an unspecified date, with most provisions to commence on a day fixed by proclamation.

Source excerpts

Direct links to excerpts of the current source text in Assisted Reproductive Technology and Surrogacy Bill 2025.

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Document excerpt 1

Assisted Reproductive Technology and Surrogacy Bill 2025

32—1 page i Western Australia Assisted Reproductive Technology and Surrogacy Bill 2025 Contents Part 1 — Preliminary Division 1 — Introduction

Short title 2
Commencement 2
Act binds Crown 2 Division 2 — Objects and principles
Objects of Act 3
Principles 4 Division 3 — Interpretation
Terms used 6
ART services 9
ART procedures 9
Reproductive material and embryos 10
Partners and couples 11
Person’s or couple’s reproductive purposes 11
Birth parent 12
Contributing parents 12
Intended parents 13
Donor 13
Surrogacy arrangement, surrogate, intended parents and overseas surrogacy arrangement 14
5 family worldwide limit 15 Part 2 — ART services to be licensed
What licence authorises 16
Requirement to hold licence 16
Provision of ART services restricted to licence premises 16

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page ii Part 3 — ART procedures Division 1 — Access to ART procedures 21. Access to ART procedures provided by licensee 18 Division 2 — Performing ART procedures 22. Application of Division 18 23. Appropriately qualified 19 24. ART procedures to be performed or supervised by appropriately qualified persons 19 25. Requirement for medical practitioner to certify ART procedure is appropriate 20 26. Performing ART procedures on children 21 27. Exceeding 5 family worldwide limit 22 28. Disclosure of information permitted to ensure compliance with 5 family worldwide limit 23 29. Authorising health practitioners to perform ART procedures at other premises 23 Division 3 — Parentage of children 30. Application of Division 24 31. Child of pregnancy 24 32. Parents of child of pregnancy resulting from ART procedure 24 33. Donor 25 34. Deceased person 25 Division 4 — Record keeping and access to information Subdivision 1 — Licensee must keep records 35. Licensee must keep required records 26 36. Required records: ART procedures 26 37. Required records: storage 27 38. Required records: register of authorisations 28 39. Licensee must give information to CEO for register of identity and register of ART procedures 28 40. Licensee must correct inaccurate information 29 41. Confidentiality of information recorded under this Division 29 42. False or misleading records 30

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page iii Subdivision 2 — Access to information 43. Licensee must provide access to information 30 44. Contact preferences 31 Part 4 — Reproductive material and embryos Division 1 — Rights over reproductive material and embryos 45. Rights over reproductive material 33 46. Rights over embryos 33 47. Rights of donor over donated reproductive material or donated embryo 34 Division 2 — Consent 48. Consent not required more than once 35 49. Consent of person under 18 years of age 35 50. Requirement for consent 35 51. Requirements relating to counselling services and information to support informed consent 36 52. Verification of identity of consent giver 37 53. Collection, use and storage of reproductive material 37 54. Transfer procedure using reproductive material 38 55. Creation of embryo 39 56. Storage of embryo 39 57. Allocation of donated embryo 39 58. Use of embryo in embryo transfer procedure 40 59. Amendment or withdrawal of consent 40 60. Steps after withdrawal of consent 41 61. Disputes and unforeseen circumstances relating to embryos 42 62. Disposal or limited use of unviable material or unviable embryos 42 Division 3 — Genetic testing 63. Limited genetic testing of embryos 43 64. Prohibition on sex selection 44 65. Approved conditions list 44

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page iv Division 4 — Storage 66. Appropriate storage of reproductive material and embryos 44 67. Purposes for storage of reproductive material and embryos 45 68. Period of storage for reproductive material 46 69. Steps relating to end of storage period for reproductive material 46 70. Period of storage for embryos 47 71. Steps relating to end of storage period for embryos 48 Division 5 — Posthumous use of reproductive material and embryos Subdivision 1 — Preliminary 72. Purpose of Division 49 73. Terms used 50 Subdivision 2 — Permitted use of deceased person’s reproductive material and embryos 74. Deceased person’s consent 51 75. Limited use of reproductive material removed posthumously 52 76. Surviving partner’s right in relation to deceased person’s reproductive material or embryos for reproductive purposes 52 77. No other rights in relation to reproductive material or embryos of deceased person 53 Subdivision 3 — Obligations of licensees 78. Use of deceased person’s reproductive material or embryos for surviving partner’s reproductive purposes 54 79. Donation of deceased person’s reproductive material or embryos 54 80. Storage of deceased person’s reproductive material or embryos pending application to Board 55 81. Disposal of deceased person’s reproductive material or embryos 57 82. Other storage and disposal of deceased person’s reproductive material and embryos 58

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page v Subdivision 4 — Board approval for use 83. Board approval to use reproductive material or embryo of deceased person 59 84. Decision to approve posthumous use of reproductive material or embryo 61 85. Decision to refuse application 61 Division 6 — Transferring, exporting and importing reproductive material and embryos 86. Transferring reproductive material and embryos between licensees 61 87. Exporting reproductive material and embryos 62 88. Importing reproductive material and embryos 63 89. Exemption from export or import requirements 63 90. Export or import prohibited if 5 family worldwide limit likely to be exceeded 64 91. Prescribed requirements for exporting or importing reproductive material and embryos 64 Division 7 — Offences 92. Prohibition on commercial trading in reproductive material and embryos 65 93. Restrictions on creating embryos 66 94. Prohibition on cloning 66 95. False or misleading information 66 Part 5 — Registers maintained by CEO Division 1 — Register of identity 96. Register of identity 68 97. Right of access to information in register of identity 68 98. Contact preferences 69 Division 2 — Register of ART procedures 99. Register of ART procedures 70 100. Disclosure and use of information 70 Division 3 — General 101. Application of Division 71 102. CEO must correct inaccurate information 71

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page vi 103. CEO may direct licensee to provide information required for register 72 Part 6 — Surrogacy Division 1 — Preliminary 104. Terms used 73 105. What this Part is about 74 106. When is surrogacy arrangement for reward 74 107. What is a surrogacy expense 74 Division 2 — Surrogacy arrangements 108. When is surrogacy arrangement valid 76 109. Required contents of surrogacy arrangement 77 110. Limited enforcement of surrogacy arrangement 77 111. Entering surrogacy arrangement for reward prohibited 78 112. Recruiting surrogates 78 Division 3 — Relationship plans 113. What is a relationship plan 78 114. Variation of relationship plan 79 115. Family Court’s powers to deal with breach of relationship plan 80 Division 4 — Transferring child’s parentage to intended parents Subdivision 1 — Preliminary 116. When this Division applies and what it is about 80 117. Child’s best interests paramount 81 118. References to intended parents if only 1 intended parent applies for parentage order 81 Subdivision 2 — Orders for transfer of child’s parentage generally 119. Applying for parentage order 81 120. Family Court may make parentage order 82 121. Name of child 83 122. Ancillary orders 84 123. Effect of parentage order 84 124. Finality of parentage order 85

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page vii Subdivision 3 — Orders for transfer of child’s parentage in particular circumstances 125. Separation of intended parents 85 126. Death of intended parent before application for parentage order 86 127. Death of intended parent after application for parentage order 87 128. Multiple births 87 Subdivision 4 — Dispensing with requirements for making parentage orders 129. Application of Subdivision 88 130. Requirements to be met by surrogate 88 131. Requirement for surrogacy arrangement to be valid 89 132. Requirement for intended parents to have responsibility for child’s day-to-day care 89 Subdivision 5 — Discharge of parentage order 133. Grounds for discharge 90 134. Application for discharge order 90 135. Intervening in application for discharge of parentage order 91 136. Family Court may make discharge of parentage order 91 137. Ancillary orders 92 138. Effect of discharge of parentage order 92 Subdivision 6 — Other provisions 139. Relationships for laws relating to sexual offences 93 140. Family Court to notify Registrar 94 Division 5 — Access to information 141. Application of this Division or order under it 94 142. Family Court order excluding access to information 95 143. Access to certain Family Court records 96 144. Access to registration of birth 97 145. Portion of registration of birth not referring to parentage order 98 Division 6 — Family Court proceedings 146. Application of Family Court Act 1997 98 147. Family Court proceedings to be private 99

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page viii Division 7 — Offences 148. Territorial application 99 149. Publishing certain information for surrogacy arrangement for reward 100 150. Coercing person to enter surrogacy arrangement 100 Part 7 — Licensing of ART services Division 1 — Preliminary 151. What this Part is about 101 152. Terms used 101 Division 2 — Application for licence 153. Application for licence 103 154. Requirements for application for licence 103 155. Investigations related to considering an application 103 156. Criteria for deciding application for licence 104 157. Decision on application for licence 105 158. Notice of decision on application for licence 105 159. Grant of licence 106 Division 3 — Renewal of licence 160. Application for renewal of licence 106 161. Requirements for application for renewal of licence 106 162. Considering application for renewal of licence 106 163. Decision on application for renewal of licence 107 164. Notice of decision on application for renewal of licence 107 165. Renewal of licence 108 Division 4 — Variation of licence 166. Application for variation of licence 108 167. Requirements for application for variation of licence 108 168. Decision on application for variation of licence 109 169. Notice of decision on application for variation of licence 110 170. Variation of licence 110 Division 5 — Other matters affecting licences 171. Annual service fee 110 172. Surrender of licence 110 173. End of term of licence 111

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page ix Division 6 — Investigations as to fit and proper persons 174. Investigating whether person is fit and proper person 112 Division 7 — Conditions on licences 175. Conditions on licences 113 176. Power to impose, amend or revoke discretionary conditions 114 Division 8 — Disciplinary action Subdivision 1 — Suspension with advance notice 177. Grounds for suspending licence 115 178. Show cause notice for proposed suspension 115 179. Response to show cause notice 116 180. Decision on suspension 116 181. Ending suspension early 118 Subdivision 2 — Immediate suspension 182. Immediate suspension 118 183. Ending suspension early 119 Subdivision 3 — Cancellation 184. Grounds for cancelling licence 120 185. Show cause notice for proposed cancellation 121 186. Response to show cause notice 121 187. Decision on cancellation 121 Division 9 — Interim licensee 188. Licensee unable to provide ART services 123 189. Interim licensee to temporarily continue ART services 123 Division 10 — Review of decisions Subdivision 1 — Internal reconsideration 190. Terms used 124 191. Decisions of CEO that may be reviewed 125 192. Affected person may apply for reconsideration of decision 126 193. Decision on reconsideration 127 Subdivision 2 — External review 194. Application to State Administrative Tribunal for external review 128

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page x Division 11 — Miscellaneous 195. Provision of ART services by health service provider 128 Division 12 — Offences 196. Compliance with licence conditions 128 197. Failure to comply with requirements imposed as part of disciplinary action or surrender 128 198. Failure to notify reportable events 129 199. Notice of changes affecting person with management or control 129 200. False or misleading information in licensing application 130 201. Advertising 130 202. Embryo unviable due to failure to follow policies and procedures 130 203. CEO may require licensee to publish or provide information 130 204. Licensee to provide certain information if directed by CEO 131 Part 8 — Investigation Division 1 — Preliminary 205. Terms used 132 Division 2 — Authorised officers 206. Appointment of authorised officers 132 207. CEO has functions of authorised officer 132 208. Identity cards 133 209. Production and display of identity card 133 210. Limitation on powers of authorised officers 133 Division 3 — Investigations 211. Investigations: purpose and procedure 134 212. Entry powers 134 213. Powers after entry for investigation 135 214. Obtaining information and documents 137 215. Use of force and assistance 138 216. Obstruction 138 217. Directions generally 139

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page xi Division 4 — Entry warrants 218. Warrant to enter place 139 219. Issue of entry warrant 140 220. Effect of entry warrant 140 221. Execution of entry warrant 141 Division 5 — Seized things and forfeiture 222. Forfeiture on conviction 141 223. Disposal of seized and forfeited property 141 Part 9 — Enforcement Division 1 — Compliance notices 224. CEO may give compliance notice for contravention of Act 142 225. Failure to comply with compliance notice 143 Division 2 — Liability of certain persons 226. Liability of officers for offence by body corporate 143 227. Liability of members of partnership for acts of other members of partnership 144 Division 3 — Legal proceedings 228. Who may commence proceedings for simple offence 144 229. Time limit for prosecution of simple offence 144 230. Averments in prosecution documents 145 231. Court to notify CEO of conviction of offence under Act 146 Part 10 — Assisted Reproductive Technology Advisory and Review Board Division 1 — Establishment 232. Board established 147 233. Status 147 Division 2 — Functions and powers 234. Functions of Board 147 235. Powers of Board 148 Division 3 — Staff and assistance 236. Staff and services 148 237. Assistance 148

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page xii Division 4 — Accountability 238. Minister may give directions 148 239. Minister to have access to information 149 Division 5 — Membership 240. Membership of Board 150 241. Chairperson and deputy chairperson 151 242. Term of office 151 243. Casual vacancies, resignation and removal from office 151 244. Extension of term of office during vacancy 152 245. Remuneration of members 152 Division 6 — Board meetings 246. Holding meetings 153 247. Quorum 153 248. Presiding member 153 249. CEO or nominated representative may attend meetings 153 250. Procedure at meetings 153 251. Voting 153 252. Holding meetings remotely 154 253. Resolution without meeting 154 254. Minutes 154 Division 7 — Disclosure of interests 255. Disclosure of material personal interest 154 256. Voting by member with material personal interest 155 257. Section 256 may be declared inapplicable 155 258. Quorum in circumstances where member is disqualified due to material personal interest 155 Division 8 — Committees 259. Establishment of committees 156 260. Directions to committee 156 261. Committee to determine own procedures 156 262. Remuneration of committee members 156 Division 9 — Review by State Administrative Tribunal of Board’s decision 263. Review of decision by Board 157

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page xiii Division 10 — Miscellaneous 264. Execution of documents by Board 157 265. Board to give annual report to CEO regarding activities of Board in previous financial year 157 266. Protection from personal liability for torts 158 Part 11 — Administration 267. Confidentiality 159 268. Delegation by CEO 160 269. Approved forms 160 270. Annual report on operation of Act 161 Part 12 — Miscellaneous 271. Regulations 163 272. Regulations may adopt medical codes 164 273. Review of Act 165 Part 13 — Repeals 274. Written laws repealed 166 Part 14 — Transitional provisions Division 1 — Preliminary 275. Terms used 167 276. Interpretation Act 1984 not affected 167 277. Application to reproductive material collected, and embryos created, before commencement 167 Division 2 — Parentage of children of pregnancies resulting from ART procedures 278. Recognition of parentage under repealed Artificial Conception Act 1985 continues 167 Division 3 — Matters related to assisted reproductive technology procedures 279. Existing consents 168 280. Previous counselling 169 281. Information provided before commencement day 169 282. Existing approval of Council 169 283. Pending applications for approval of Council 170

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Document excerpt 2

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page xiv Division 4 — Licensing of assisted reproductive technology services 284. Pending licence applications 170 285. Existing licences 170 286. Existing exemptions for certain procedures 171 287. Existing interim authorisations 171 288. Pending reviews 172 289. Existing reviews in progress 172 290. Existing and incomplete records 173 291. Annual return 173 292. Summary determinations 173 Division 5 — Surrogacy arrangements 293. Terms used 175 294. Pending parentage orders 175 295. Pending applications under Surrogacy Act 2008 176 296. Continuing court orders 176 297. Application for parentage order for child born before commencement day 177 298. Making parentage order: child born under local surrogacy arrangement before commencement day 177 299. Making parentage order: certain surrogacy arrangements 178 Division 6 — Other transitional provisions 300. Existing registers 178 301. Western Australian Reproductive Technology Council abolished 178 302. Transitional regulations 179 Part 15 — Births, Deaths and Marriages Registration Act 1998 amended 303. Act amended 181 304. Section 4 amended 181 305. Section 13 amended 182 306. Section 14 amended 182 307. Section 17A inserted 183 17A. Registration of birth of donor-conceived person 183

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page xv 308. Section 18A inserted 184 18A. Registration of deceased parent if child born through posthumous use of reproductive material or embryo 184 309. Section 19 amended 186 310. Section 24 amended 186 311. Section 25 amended 186 312. Section 25A inserted 187 25A. WA order: child born outside Australia 187 313. Section 26 amended 188 314. Section 26A inserted 188 26A. Notes about surrogacy in Register 188 315. Section 28 amended 189 316. Section 40 amended 189 317. Section 52 amended 189 318. Section 57 amended 190 319. Section 57A inserted 190 57A. Certain people to be advised about further information relating to their birth 190 320. Section 66 amended 191 321. Section 68 amended 191 Part 16 — Human Tissue and Transplant Act 1982 amended 322. Act amended 192 323. Section 3 amended 192 324. Section 6 amended 192 325. Section 21A replaced 193 21A. Application of Part 193 326. Part 3A inserted 193 Part 3A — Removal of reproductive material after death 24B. Purpose 193 24C. Term used: licensee 194 24D. Designated officer may authorise removal of reproductive material from bodies in hospital 194 24E. Medical practitioners’ declaration required in cases of artificial respiration and blood circulation 195 24F. Coroner’s consent to removal of reproductive material in case of reportable death 196

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page xvi 327. Section 29 replaced 197 29. Part does not apply to trading regulated under Assisted Reproductive Technology and Surrogacy Act 2025 197 328. Section 30A amended 197 329. Section 33 amended 198 330. Section 34 amended 198 Part 17 — Consequential amendments to other Acts Division 1 — Administration Act 1903 amended 331. Act amended 200 332. Section 12A amended 200 Division 2 — Adoption Act 1994 amended 333. Act amended 200 334. Section 4 amended 200 335. Section 4A amended 201 336. Section 17 amended 201 337. Section 21 amended 201 338. Section 26C amended 202 Division 3 — Children and Community Services Act 2004 amended 339. Act amended 202 340. Section 104 amended 202 Division 4 — Constitution Acts Amendment Act 1899 amended 341. Act amended 202 342. Schedule V amended 203 Division 5 — Criminal Code Act Compilation Act 1913 amended 343. Act amended 203 344. Section 343 amended 203 Division 6 — Family Court Act 1997 amended 345. Act amended 203 346. Section 5 amended 204 347. Section 36 amended 204 348. Section 39 amended 204 349. Section 133 amended 204 350. Section 135 amended 205

Assisted Reproductive Technology and Surrogacy Bill 2025 Contents page xvii 351. Section 136 amended 205 352. Section 141 amended 206 353. Section 205T amended 206 Division 7 — Family Provision Act 1972 amended 354. Act amended 206 355. Section 4 amended 206 Division 8 — Fatal Accidents Act 1959 amended 356. Act amended 207 357. Section 6 amended 207 Division 9 — Freedom of Information Act 1992 amended 358. Act amended 207 359. Schedule 1 clause 13 amended 207 Division 10 — Guardianship and Administration Act 1990 amended 360. Act amended 207 361. Section 45 amended 208 Division 11 — Interpretation Act 1984 amended 362. Act amended 208 363. Section 5 amended 208 Division 12 — Privacy and Responsible Information Sharing Act 2024 amended 364. Act amended 209 365. Section 158 amended 209 Division 13 — Property Law Act 1969 amended 366. Act amended 209 367. Section 31A amended 209 Division 14 — Wills Act 1970 amended 368. Act amended 210 369. Section 31 amended 210 Defined terms

page 1 Western Australia LEGISLATIVE ASSEMBLY Assisted Reproductive Technology and Surrogacy Bill 2025 A Bill for An Act — • about the provision of assisted reproductive technology services and arrangements for surrogacy and related matters; and • to establish the Assisted Reproductive Technology Advisory and Review Board; and • to repeal the Artificial Conception Act 1985, the Human Reproductive Technology Act 1991, 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 • to make consequential and related amendments to other Acts. The Parliament of Western Australia enacts as follows:

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 1 Preliminary Division 1 Introduction s. 1 page 2 Part 1 — Preliminary1 Division 1 — Introduction2

Short title3 This is the Assisted Reproductive Technology and Surrogacy4 Act 2025.5
Commencement6 This Act comes into operation as follows —7 (a) Part 1 Division 1 — on the day on which this Act8 receives the Royal Assent (assent day);9 (b) Part 17 Division 12 —10 (i) if the Privacy and Responsible Information11 Sharing Act 2024 section 158 comes into12 operation on or before assent day — on the day13 after assent day; or14 (ii) otherwise — immediately after the Privacy and15 Responsible Information Sharing Act 202416 section 158 comes into operation;17 (c) the rest of the Act — on a day fixed by proclamation,18 and different days may be fixed for different provisions.19
Act binds Crown20 This Act binds the Crown in right of Western Australia and, so21 far as the legislative power of the Parliament permits, the Crown22 in all its other capacities.23

Assisted Reproductive Technology and Surrogacy Bill 2025 Preliminary Part 1 Objects and principles Division 2 s. 4 page 3 Division 2 — Objects and principles1 4. Objects of Act2 The objects of this Act are —3 (a) to regulate the provision of assisted reproductive4 technology services to ensure that the services are5 provided in accordance with best practices, including6 by —7 (i) requiring the providers of services to be licensed;8 and9 (ii) requiring information about assisted reproductive10 technology services to be collected and kept; and11 (iii) requiring information relating to donor12 conception to be made available to persons who13 are entitled to access it under this Act or another14 written law;15 and16 (b) to regulate particular matters relating to surrogacy17 arrangements, including by —18 (i) prohibiting surrogacy arrangements for reward;19 and20 (ii) establishing procedures to ensure the parties to a21 surrogacy arrangement understand its nature and22 implications; and23 (iii) providing for the circumstances in which the24 Family Court can transfer the parentage of a25 child born under a surrogacy arrangement; and26 (iv) requiring information relating to surrogacy27 arrangements and the transfer of parentage to be28 recorded and made available to persons who are29 entitled to access it under this Act or another30 written law;31 and32

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 1 Preliminary Division 2 Objects and principles s. 5 page 4 (c) to support research related to —1 (i) the incidence, causes and prevention of2 infertility; and3 (ii) assisted reproductive technology, including, for4 example, the impact of assisted reproductive5 technology procedures on the health outcomes of6 persons who undergo the procedures and persons7 born of pregnancies achieved as a result of the8 procedures;9 and10 (d) to establish the Assisted Reproductive Technology11 Advisory and Review Board to provide advice and12 support governance and oversight of assisted13 reproductive technology services in the State.14 5. Principles15 (1) This section applies to —16 (a) a person performing a function under this Act; and17 (b) a person who provides assisted reproductive technology18 services under a licence under this Act.19 (2) The person must have regard to the following principles in20 performing the function or providing the service —21 (a) the wellbeing and best interests (including the physical,22 emotional and mental health, safety and rights) of23 persons born as the result of assisted reproductive24 technology or surrogacy arrangements are paramount;25 (b) the wellbeing and best interests (including the physical,26 emotional and mental health, safety and rights) of27 persons who become pregnant, or try to become28 pregnant, as a result of assisted reproductive technology29 or surrogacy arrangements are the next most paramount30 consideration;31

Assisted Reproductive Technology and Surrogacy Bill 2025 Preliminary Part 1 Objects and principles Division 2 s. 5 page 5 (c) the physical, emotional and mental health, wellbeing1 and safety of persons provided with assisted2 reproductive technology services or who participate in3 surrogacy arrangements (including donors, contributing4 parents and intended parents) should be protected;5 (d) informed consent should be obtained from all persons6 provided with assisted reproductive technology services7 before the services are provided;8 (e) informed agreement should be obtained from all persons9 who enter into a surrogacy arrangement before a child is10 conceived under the arrangement;11 (f) persons provided with assisted reproductive technology12 services must not be subjected to unlawful13 discrimination, including, for example, discrimination14 based on sexual orientation, relationship status, gender15 identity, disability, race or religion;16 (g) trade in the reproductive capabilities of persons and the17 exploitation of people for commercial purposes in18 relation to their reproductive capabilities is not19 acceptable;20 (h) persons born as the result of assisted reproductive21 technology or under a surrogacy arrangement have the22 right to information, if available, about their genetic and23 biological heritage and the circumstances of their birth,24 including donors and birth parents (including25 surrogates);26 (i) assisted reproductive technology services provided by27 licensees should —28 (i) be transparent and open to scrutiny; and29 (ii) protect the privacy of all persons who contribute30 to or benefit from the services; and31 (iii) be safe and human-centred; and32 (iv) foster continuous improvement in safety and33 quality; and34

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 1 Preliminary Division 3 Interpretation s. 6 page 6 (v) be underpinned by policies that support effective1 and efficient practices and minimise2 interventions not supported by evidence of3 successful clinical outcomes.4 Division 3 — Interpretation5 6. Terms used6 In this Act —7 5 family worldwide limit has the meaning given in section 17;8 appropriately qualified has the meaning given in section 23;9 approved form means a form approved under section 269(1);10 ART participant means a person who undergoes, or is to11 undergo, an ART procedure;12 ART procedure has the meaning given in section 8(1) and (2);13 ART service has the meaning given in section 7;14 authorised officer means a person appointed under15 section 206(1) as an authorised officer;16 authorised practitioner has the meaning given in section 29(1);17 birth parent has the meaning given in section 12;18 Board means the Assisted Reproductive Technology Advisory19 and Review Board established under section 232;20 CEO means the chief executive officer of the Department;21 compliance notice has the meaning given in section 224(2);22 consent, of a person, means consent given by the person to do23 something in relation to reproductive material or an embryo that24 would be required for a licensee to do the thing under25 section 50(2);26 contributing parent has the meaning given in section 13;27 corresponding law means a written law of another jurisdiction28 that regulates the provision of ART services or performance of29 ART procedures;30

Assisted Reproductive Technology and Surrogacy Bill 2025 Preliminary Part 1 Interpretation Division 3 s. 6 page 7 couple has the meaning given in section 10(2);1 Department means the department of the Public Service2 principally assisting in the administration of this Act;3 disciplinary action means suspending or cancelling a licence4 under Part 7 Division 8;5 donated reproductive material has a meaning affected by6 section 15(3)(b);7 donor —8 (a) in relation to reproductive material or an embryo — has9 the meaning given in section 15; or10 (b) in relation to a donor-conceived person — means a11 donor of reproductive material used in the ART12 procedure, or to create an embryo used in the ART13 procedure, that resulted in the donor-conceived person’s14 birth;15 Note for this definition:16 A person is a donor of reproductive material used in an ART procedure17 if the person’s donated reproductive material is used to create an18 embryo used in the ART procedure. See section 15(3)(a).19 donor-conceived person means a person born as a result of an20 ART procedure that used donated reproductive material or a21 donated embryo;22 embryo has the meaning given in section 9(3) and (4);23 Note for this definition:24 Also see section 73(1) for the meaning of embryo in relation to a25 deceased person.26 genetic testing, of an embryo, includes removing cells from the27 embryo to enable genetic testing of the cells;28 health practitioner means a person who is registered under the29 Health Practitioner Regulation National Law (Western30 Australia) to practise in a health profession;31 health service has the meaning given in the Health Services32 Act 2016 section 7;33

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 1 Preliminary Division 3 Interpretation s. 6 page 8 health service provider means a health service provider1 established by an order made under the Health Services2 Act 2016 section 32(1)(b);3 intended parent —4 (a) in relation to reproductive material, an embryo or a5 child — has the meaning given in section 14; and6 (b) in relation to a surrogacy arrangement — has the7 meaning given in section 16;8 licence means a licence to provide an ART service issued under9 Part 7;10 licensee means a person who holds a licence;11 medical practitioner means a person registered under the12 Health Practitioner Regulation National Law (Western13 Australia) in the medical profession;14 member means a member of the Board;15 overseas surrogacy arrangement has the meaning given in16 section 16(2);17 parentage order has the meaning given in section 116(2)(a);18 partner, of a person, has the meaning given in section 10(1);19 perform, in relation to an ART procedure, means to administer,20 conduct or deliver the procedure;21 personal information has the meaning given in the Privacy and22 Responsible Information Sharing Act 2024 section 4;23 prescribed means prescribed by regulations made under this24 Act;25 prescribed storage period, in relation to reproductive material26 or an embryo, means the period prescribed as the maximum27 period for which reproductive material or an embryo can be28 stored;29 procedure includes treatment;30 register of identity has the meaning given in section 96(1);31

Assisted Reproductive Technology and Surrogacy Bill 2025 Preliminary Part 1 Interpretation Division 3 s. 7 page 9 reproductive material has the meaning given in section 9(1);1 Note for this definition:2 Also see section 73(1) for the meaning of reproductive material in3 relation to a deceased person.4 still-born child has the meaning given in the Births, Deaths and5 Marriages Registration Act 1998 section 4;6 surrogacy arrangement has the meaning given in section 16;7 surrogate has the meaning given in section 16;8 surviving partner, of a deceased person, means the person who9 was the deceased person’s partner immediately before the10 person died;11 term, of a licence, means the period for which the licence has12 effect;13 time-sensitive ART procedure means an ART procedure in14 progress that would be adversely affected if it were suddenly15 stopped or delayed.16 7. ART services17 An ART service is a service provided for fee or reward, or in18 carrying on a business (whether or not for profit), in which —19 (a) ART procedures are performed; or20 (b) reproductive material collected, or embryos created, for21 a purpose related to ART procedures are stored.22 8. ART procedures23 (1) An ART procedure is any of the following —24 (a) a procedure that involves the collection of reproductive25 material for use, or possible future use, in a procedure26 mentioned in paragraph (b), (c) or (d);27 (b) a procedure performed using reproductive material to28 create an embryo;29

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Assisted Reproductive Technology and Surrogacy Bill 2025 Part 1 Preliminary Division 3 Interpretation s. 9 page 10 (c) a procedure performed using reproductive material or an1 embryo to achieve, or attempt to achieve, a pregnancy;2 (d) a procedure prescribed to be an ART procedure.3 (2) Self-insemination is not an ART procedure.4 (3) In subsection (2) —5 self-insemination means a procedure in which collected semen6 is transferred into a person’s body for the purpose of the person7 becoming pregnant —8 (a) performed by the person or someone else assisting the9 person; and10 (b) performed other than —11 (i) as a medical or clinical procedure; or12 (ii) for fee or reward, or in carrying on a business13 (whether or not for profit).14 (4) In a provision about an ART procedure —15 (a) a reference to a licence is a reference to the licence that16 authorises the provision of the ART service as part of17 which the ART procedure is performed; and18 (b) a reference to a licensee is a reference to the person who19 holds the licence mentioned in paragraph (a).20 9. Reproductive material and embryos21 (1) Material taken from a human body for the purpose of being used22 to conceive or create an embryo is reproductive material.23 (2) Examples of reproductive material under subsection (1)24 include —25 (a) a reproductive cell, called a gamete, including26 spermatozoon (sperm) and oocyte (an egg); and27 (b) tissue containing a gamete.28

Assisted Reproductive Technology and Surrogacy Bill 2025 Preliminary Part 1 Interpretation Division 3 s. 10 page 11 (3) An embryo is a discrete entity that —1 (a) has arisen from either —2 (i) the first mitotic division when fertilisation of a3 human egg by a human sperm is complete; or4 (ii) any other process that initiates organised5 development of a biological entity with a human6 nuclear genome or an altered human nuclear7 genome that has the potential to develop up to, or8 beyond, the stage at which the primitive streak9 appears;10 and11 (b) has not yet reached 8 weeks of development since the12 first mitotic division.13 (4) In this Act, a reference to an embryo is a reference to an embryo14 as defined in subsection (3) created outside a human body as a15 result of an ART procedure.16 (5) However, the reference in subsection (1) to an embryo being17 conceived includes a reference to an embryo being conceived18 inside a human body as a result of an ART procedure.19 10. Partners and couples20 (1) A person is the partner of another person if the persons are21 married to each other or in a de facto relationship.22 (2) Two persons who are married to each other or in a de facto23 relationship are a couple.24 11. Person’s or couple’s reproductive purposes25 (1) An ART procedure is performed for a person’s or couple’s26 reproductive purposes if the procedure is performed for the27 purpose of the person becoming a parent, or the couple jointly28

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 1 Preliminary Division 3 Interpretation s. 12 page 12 becoming the parents, of a child of a pregnancy, were a1 pregnancy to be achieved —2 (a) as a result of the ART procedure; or3 (b) as a result of another ART procedure that uses4 reproductive material collected or an embryo created in5 the ART procedure.6 (2) Reproductive material is collected, or an embryo is created, for7 a person’s or couple’s reproductive purposes if the ART8 procedure to collect the material or create the embryo is9 performed for the person’s or couple’s reproductive purposes.10 (3) Reproductive material or an embryo that has been donated is11 allocated to a person or couple for their reproductive purposes12 if a licensee allocates the donated material or donated embryo13 for the person or couple to use in ART procedures to be14 performed for their reproductive purposes.15 12. Birth parent16 (1) The birth parent of a child is the person who gives birth to the17 child.18 (2) Subsection (1) applies —19 (a) regardless of whether the person is a contributing parent20 of the child; and21 (b) even if the child is born under a surrogacy arrangement.22 13. Contributing parents23 A person is a contributing parent —24 (a) in relation to reproductive material — if the25 reproductive material was collected from the person for26 the person’s reproductive purposes; and27

Assisted Reproductive Technology and Surrogacy Bill 2025 Preliminary Part 1 Interpretation Division 3 s. 14 page 13 (b) in relation to a child — if the child is born as a result of1 an ART procedure performed for the person’s2 reproductive purposes using —3 (i) the person’s reproductive material; or4 (ii) an embryo created using the person’s5 reproductive material.6 14. Intended parents7 (1) A person, or each person in a couple, is an intended parent in8 relation to reproductive material if —9 (a) the person is the contributing parent of the reproductive10 material; or11 (b) the reproductive material is donated and a licensee12 allocates the material to the person or couple for their13 reproductive purposes.14 (2) A person, or each person in a couple, is an intended parent of15 an embryo if —16 (a) the embryo is created for the person’s or couple’s17 reproductive purposes; or18 (b) the embryo is donated and a licensee allocates the19 embryo to the person or couple for their reproductive20 purposes.21 (3) If an ART procedure is performed for a person’s or couple’s22 reproductive purposes, the person, or each person in the couple,23 is an intended parent in relation to the ART procedure.24 15. Donor25 (1) This section applies if —26 (a) reproductive material is collected from a person; or27 (b) a person is an intended parent of an embryo.28

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 1 Preliminary Division 3 Interpretation s. 16 page 14 (2) The person is a donor of the reproductive material or an embryo1 if the person donates the material or embryo to be used other2 than for the person’s reproductive purposes.3 (3) In this Act —4 (a) a reference to a donor of reproductive material used in5 an ART procedure includes a reference to a person who6 donated reproductive material used to create an embryo7 used in the ART procedure; and8 (b) a reference to donated reproductive material includes a9 reference to an embryo created using donated10 reproductive material.11 (4) A person stops being a contributing parent in relation to12 reproductive material, or an intended parent of an embryo, and13 becomes a donor of the reproductive material or embryo if the14 person donates it for use as described in subsection (2).15 16. Surrogacy arrangement, surrogate, intended parents and16 overseas surrogacy arrangement17 (1) A surrogacy arrangement is an arrangement between a person18 (a surrogate) and another person (an intended parent) or a19 couple (each person in the couple is an intended parent) under20 which they agree —21 (a) the surrogate is to become, or try to become, pregnant22 and give birth to a child of the pregnancy; and23 (b) each intended parent is to be a parent of, and to raise, a24 child of the pregnancy.25 (2) A surrogacy arrangement under subsection (1) includes an26 arrangement (an overseas surrogacy arrangement) under which27 the surrogate lives, and the child is to be born, outside Australia.28 Note for this subsection:29 See section 120(1)(c) for the requirement for the intended parents30 under a surrogacy arrangement to live in the State for an order31 transferring the parentage of a child born under the arrangement to the32 intended parents to be made.33

Assisted Reproductive Technology and Surrogacy Bill 2025 Preliminary Part 1 Interpretation Division 3 s. 17 page 15 (3) There may be other parties to a surrogacy arrangement,1 including, for example, the surrogate’s partner.2 (4) In this Act —3 (a) in a provision about a surrogacy arrangement or a child4 born under a surrogacy arrangement —5 (i) a reference to the surrogate is a reference to the6 person who is the surrogate under the7 arrangement; and8 (ii) a reference to the intended parent is a reference9 to each person who is an intended parent under10 the arrangement;11 and12 (b) in a provision about a parentage order for a child —13 (i) a reference to the surrogate is a reference to the14 person who gave birth to the child; and15 (ii) a reference to the intended parent is a reference16 to each person who applied for the order or is17 named in the order as a parent of the child.18 17. 5 family worldwide limit19 (1) The 5 family worldwide limit is the principle that no more than20 5 families worldwide should be related through the same donor,21 excluding the donor’s own family.22 (2) The 5 family worldwide limit does not limit the number of23 children for any family, regardless of how many of those24 children are related through the same donor.25 (3) For the purposes of this section, children are related through the26 same donor only if the children were conceived using27 reproductive material donated by the same donor.28

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 2 ART services to be licensed s. 18 page 16 Part 2 — ART services to be licensed1 18. What licence authorises2 A licence authorises the licensee to provide the ART service3 stated in the licence at the premises stated in the licence.4 19. Requirement to hold licence5 (1) A person must not provide an ART service unless the person is6 licensed to provide the ART service.7 Penalty for this subsection: a fine of $50 000.8 (2) This section does not apply to a person who —9 (a) provides an ART service as an employee of a licensee;10 or11 (b) provides an ART service, continues time-sensitive ART12 procedures or continues to store reproductive material or13 embryos as required by the CEO after the surrender, end14 of term, suspension or cancellation of a licence.15 20. Provision of ART services restricted to licence premises16 (1) A licensee must not provide an ART service at premises other17 than premises stated on its licence.18 Penalty for this subsection: a fine of $50 000.19 (2) Subsection (1) does not apply to a licensee in relation to an20 ART procedure performed for the licensee —21 (a) by an authorised practitioner at the premises specified in22 the authorisation given to the practitioner under23 section 29(1); or24 (b) in a hospital.25

Assisted Reproductive Technology and Surrogacy Bill 2025 ART services to be licensed Part 2 s. 20 page 17 Examples for this subsection:1 For the purposes of paragraph (b), ART procedures that may be2 performed in a hospital include —3 (a) the collection of reproductive material from a person4 undergoing treatment that is likely to affect the person’s fertility;5 and6 (b) the posthumous collection of reproductive material under the7 Human Tissue and Transplant Act 1982 Part 3A.8

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 3 ART procedures Division 1 Access to ART procedures s. 21 page 18 Part 3 — ART procedures1 Division 1 — Access to ART procedures2 21. Access to ART procedures provided by licensee3 (1) A person may access an ART procedure performed, or to be4 performed, as part of an ART service provided by a licensee if a5 medical practitioner certifies that the procedure is appropriate6 for the person, having considered the person’s current, and7 likely future, physical, psychological and social circumstances.8 (2) However, a person under 18 years of age can access an ART9 procedure only if —10 (a) there is a reasonable risk of the person becoming11 infertile before becoming an adult; and12 (b) the procedure is to collect reproductive material for the13 purpose of storing it for the person’s future use.14 Note for this subsection:15 See also section 26 in relation to the collection of reproductive material16 from children.17 (3) Subsection (1) does not apply to a person who accesses an ART18 procedure for the purpose of being a donor of reproductive19 material.20 Division 2 — Performing ART procedures21 22. Application of Division22 This Division applies to an ART procedure performed as part of23 an ART service provided by a licensee.24

Assisted Reproductive Technology and Surrogacy Bill 2025 ART procedures Part 3 Performing ART procedures Division 2 s. 23 page 19 23. Appropriately qualified1 (1) In this section —2 health profession and recognised specialty have the meanings3 given in the Health Practitioner Regulation National Law4 (Western Australia) section 5.5 (2) A person is appropriately qualified to perform an ART6 procedure only if —7 (a) in the case that performing the ART procedure falls8 within the practice of a particular health profession or a9 recognised specialty in a health profession — the person10 is registered under the Health Practitioner Regulation11 National Law (Western Australia) to practise in that12 health profession or that recognised specialty; or13 (b) in the case that a specific qualification or experience is14 prescribed as a requirement to perform the ART15 procedure — the person has the prescribed qualification16 or experience; or17 (c) in the case that a class of persons is prescribed as18 persons who are qualified to perform the ART19 procedure — the person is a member of the prescribed20 class; or21 (d) otherwise — the person has the qualifications,22 knowledge and experience necessary to lawfully and23 safely perform the procedure.24 24. ART procedures to be performed or supervised by25 appropriately qualified persons26 (1) A licensee commits an offence if —27 (a) an ART procedure is performed by a person who the28 licensee knows, or ought to have known, is not29 appropriately qualified to perform the procedure; and30

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 3 ART procedures Division 2 Performing ART procedures s. 25 page 20 (b) the performance of the ART procedure is not supervised1 by a person who is appropriately qualified to perform2 the procedure.3 Penalty for this subsection: imprisonment for 2 years and a fine4 of $50 000.5 (2) A licensee commits an offence if the performance of an ART6 procedure is supervised by a person who the licensee knows, or7 ought to have known, is not appropriately qualified to perform8 the procedure.9 Penalty for this subsection: imprisonment for 2 years and a fine10 of $50 000.11 (3) A person must not perform an ART procedure unless the12 person —13 (a) is appropriately qualified to perform the ART14 procedure; or15 (b) while performing the ART procedure, is supervised by a16 person who is appropriately qualified to perform the17 ART procedure.18 Penalty for this subsection: imprisonment for 2 years and a fine19 of $50 000.20 (4) A person must not supervise another person performing an ART21 procedure unless the person is appropriately qualified to22 perform the ART procedure.23 Penalty for this subsection: imprisonment for 2 years and a fine24 of $50 000.25 25. Requirement for medical practitioner to certify ART26 procedure is appropriate27 (1) A licensee commits an offence if —28 (a) a person undergoes an ART procedure; and29 (b) in relation to the person and each person who is an30 intended parent in relation to the procedure, a medical31

Assisted Reproductive Technology and Surrogacy Bill 2025 ART procedures Part 3 Performing ART procedures Division 2 s. 26 page 21 practitioner has not certified that the medical1 practitioner —2 (i) has considered the matters mentioned in3 section 21(1) in relation to the person; and4 (ii) considers the ART procedure is appropriate for5 the person.6 Penalty for this subsection: imprisonment for 2 years and a fine7 of $50 000.8 (2) A person must not perform an ART procedure on a person9 unless, in relation to the person and each person who is an10 intended parent in relation to the procedure, a medical11 practitioner has certified that the medical practitioner —12 (a) has considered the matters mentioned in section 21(1) in13 relation to the person; and14 (b) considers the ART procedure is appropriate for the15 person.16 Penalty for this subsection: imprisonment for 2 years and a fine17 of $50 000.18 (3) Subsections (1) and (2) do not apply in relation to an ART19 procedure performed on a person for the purpose of the person20 being a donor of reproductive material.21 26. Performing ART procedures on children22 (1) A licensee commits an offence if an ART procedure is23 performed on a person who is under 18 years of age.24 Penalty for this subsection: imprisonment for 2 years and a fine25 of $50 000.26 (2) A person must not perform an ART procedure on a person who27 is under 18 years of age.28 Penalty for this subsection: imprisonment for 2 years and a fine29 of $50 000.30

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Assisted Reproductive Technology and Surrogacy Bill 2025 Part 3 ART procedures Division 2 Performing ART procedures s. 27 page 22 (3) Subsections (1) and (2) do not apply to an ART procedure to1 collect reproductive material from a person if —2 (a) a medical practitioner has certified that there is a3 reasonable risk of the person becoming infertile before4 becoming an adult; and5 (b) the procedure is performed for the purpose of storing the6 reproductive material collected for the person’s future7 use.8 (4) A licensee commits an offence if reproductive material9 collected from a person when the person was under 18 years of10 age is used in an ART procedure before the person reaches11 18 years of age.12 Penalty for this subsection: imprisonment for 2 years and a fine13 of $50 000.14 27. Exceeding 5 family worldwide limit15 (1) A licensee commits an offence if —16 (a) donated reproductive material or a donated embryo is17 used in an ART procedure; and18 (b) the licensee knows, or ought to have known, that using19 the reproductive material or embryo in the procedure is20 likely to result in the 5 family worldwide limit being21 exceeded.22 Penalty for this subsection: a fine of $50 000.23 (2) Subsection (1) does not apply if the Board approves the 5 family24 worldwide limit being exceeded in relation to a specified donor25 and a specified ART participant or intended parent.26 (3) A licensee may apply to the Board for approval to exceed the27 5 family worldwide limit in relation to a donor and an ART28 participant or intended parent.29 (4) The Board may decide to give the approval or to refuse the30 application.31

Assisted Reproductive Technology and Surrogacy Bill 2025 ART procedures Part 3 Performing ART procedures Division 2 s. 28 page 23 28. Disclosure of information permitted to ensure compliance1 with 5 family worldwide limit2 (1) This section applies if a licensee (the first licensee) is3 undertaking due diligence for the purpose of complying with4 section 27 in relation to a particular donor.5 (2) The first licensee may give information about the identity of the6 donor to another licensee for the purpose of asking the other7 licensee for information relevant to determining the number of8 families worldwide related through the donor.9 (3) In response to the request from the first licensee, the other10 licensee may give the first licensee information it has about11 ART procedures, and donated reproductive material or donated12 embryos, relevant to determining the number of families13 worldwide related through the donor.14 (4) In this section, a reference to another licensee includes a15 reference to a person who lawfully provides ART services16 outside the State.17 29. Authorising health practitioners to perform ART18 procedures at other premises19 (1) The licensee may, in writing, authorise a health practitioner (an20 authorised practitioner) to perform an ART procedure for the21 licensee at premises, other than premises stated on the licensee’s22 licence, specified in the authorisation.23 (2) An authorisation can only be given under subsection (1) if —24 (a) the ART procedure is, under the regulations, an ART25 procedure in respect of which an authorisation may be26 given; and27 (b) the authorised practitioner is appropriately qualified to28 perform the procedure; and29 (c) the specified premises are in the State and comply with30 any prescribed requirements.31

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 3 ART procedures Division 3 Parentage of children s. 30 page 24 (3) This section does not relieve the licensee from any1 responsibility under this Act in relation to the ART procedure or2 affect what may be done under this Act in relation to the3 procedure, including, for example, taking disciplinary action4 against the licensee.5 Division 3 — Parentage of children6 30. Application of Division7 (1) This Division —8 (a) establishes the parentage of a child of a pregnancy9 achieved as a result of an ART procedure for the10 purposes of any written law; and11 (b) applies regardless of whether the ART procedure was12 performed, or the child was born, in or outside of the13 State.14 (2) For the purposes of proceedings in any court, a statement in this15 Division about a matter is conclusive evidence of the matter16 unless otherwise stated.17 31. Child of pregnancy18 (1) A reference in this Division to a child of a pregnancy includes a19 reference to any child of the pregnancy, including —20 (a) an unborn child; and21 (b) a still-born child.22 (2) The reference in section 30(1)(b) to a child includes a reference23 to a still-born child.24 32. Parents of child of pregnancy resulting from ART25 procedure26 (1) A person who becomes pregnant as a result of an ART27 procedure is the parent of a child of the pregnancy, whether or28

Assisted Reproductive Technology and Surrogacy Bill 2025 ART procedures Part 3 Parentage of children Division 3 s. 33 page 25 not the person contributed reproductive material used in the1 procedure or to create an embryo used in the procedure.2 (2) The person’s partner is also the parent of a child of the3 pregnancy —4 (a) if the ART procedure that resulted in the pregnancy was5 performed for the reproductive purposes of the person6 and partner; and7 (b) whether or not the partner contributed reproductive8 material used in the procedure or to create an embryo9 used in the procedure.10 (3) For the purposes of subsection (2) —11 (a) it is presumed that the ART procedure was performed12 for the reproductive purposes of the person and the13 partner; and14 (b) the presumption in paragraph (a) may be rebutted by15 evidence to the contrary.16 (4) The partner’s status as a parent of the child is not affected if,17 before the child is born —18 (a) the marriage or de facto relationship of the partner and19 the person who became pregnant with the child ends; or20 (b) the partner dies.21 33. Donor22 A donor of reproductive material or an embryo is not a parent of23 a child of a pregnancy achieved as a result of an ART procedure24 that uses the reproductive material or embryo.25 34. Deceased person26 (1) This section applies if a pregnancy is achieved as a result of an27 ART procedure that uses the reproductive material or an embryo28 of a deceased person (as those terms are defined in29 section 73(1)).30

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 3 ART procedures Division 4 Record keeping and access to information s. 35 page 26 (2) The deceased person is a parent of the child of the pregnancy1 under section 32(2) only if the ART procedure is performed —2 (a) in accordance with section 78; or3 (b) in another jurisdiction in accordance with a written law4 of that jurisdiction.5 Division 4 — Record keeping and access to information6 Subdivision 1 — Licensee must keep records7 35. Licensee must keep required records8 A licensee must keep, for the prescribed period, a record of the9 information the licensee is required to keep under this10 Subdivision.11 Penalty: a fine of $50 000.12 36. Required records: ART procedures13 (1) This section applies if a licensee provides ART services that14 include performing ART procedures.15 (2) The licensee must keep the following information about each16 ART procedure performed —17 (a) a description of the procedure;18 (b) the verified identity information of the person who19 underwent the procedure and, if the procedure involved20 donated reproductive material or a donated embryo, the21 person’s contact preferences;22 (c) the verified identity information and contact preferences23 of each donor of reproductive material or an embryo24 used in the procedure;25 (d) the verified identity information of each person, other26 than a person mentioned in paragraph (b), who is an27 intended parent in relation to the procedure;28

Assisted Reproductive Technology and Surrogacy Bill 2025 ART procedures Part 3 Record keeping and access to information Division 4 s. 37 page 27 (e) if the procedure is performed for the purpose of a1 surrogacy arrangement — that fact;2 (f) a copy of each consent obtained in relation to the3 procedure;4 (g) if the procedure was performed by an authorised5 practitioner — the name of the authorised practitioner;6 (h) whether the procedure achieves a pregnancy that results7 in a birth (including the birth of a still-born child) and, if8 so, the prescribed details of the birth;9 (i) the prescribed information.10 (3) In subsection (2) —11 contact preferences, of a person, has the meaning given in12 section 44(1);13 verified identity information, about a person, means —14 (a) information about the person’s identity; and15 (b) information that a licensee uses to identify the person,16 including, for example, a unique identifying code; and17 (c) information about the way in which the person’s identity18 was verified.19 (4) It is a defence to a charge of an offence against section 35 in20 relation to the information required to be kept under21 subsection (2)(h) for the licensee to prove that the licensee has22 been unable to obtain information about the outcome of the23 ART procedure despite making reasonable efforts to do so.24 37. Required records: storage25 A licensee that provides ART services that include the storage26 of reproductive material or embryos must keep the prescribed27 information relating to the reproductive material or embryos28 stored by the licensee.29

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 3 ART procedures Division 4 Record keeping and access to information s. 38 page 28 38. Required records: register of authorisations1 (1) A licensee must —2 (a) maintain a register of authorisations given under3 section 29(1); and4 (b) if the CEO requests, make the register available for5 inspection by the CEO.6 (2) The regulations may provide for the form and content of the7 register maintained under subsection (1)(a).8 39. Licensee must give information to CEO for register of9 identity and register of ART procedures10 (1) A licensee must give to the CEO, at the prescribed time and in11 the manner approved by the CEO —12 (a) the prescribed information about the ART procedures13 performed as part of an ART service provided by the14 licensee; and15 (b) if an ART procedure mentioned in paragraph (a)16 achieves a pregnancy, the prescribed information about17 all of the following —18 (i) the person who became pregnant as a result of19 the ART procedure;20 (ii) each person who is an intended parent in relation21 to the procedure;22 (iii) each donor of reproductive material used in the23 procedure;24 (iv) each donor of an embryo used in the procedure25 and each person whose reproductive material26 was used to create the embryo;27 (v) whether the pregnancy resulted in the birth of a28 child (including a still-born child) and, if so, the29 prescribed details of the birth.30 Penalty for this subsection: a fine of $50 000.31

Assisted Reproductive Technology and Surrogacy Bill 2025 ART procedures Part 3 Record keeping and access to information Division 4 s. 40 page 29 (2) It is a defence to a charge of an offence for failing to provide the1 information mentioned in subsection (1)(b)(v) for the licensee to2 prove that —3 (a) the licensee has been unable to obtain information about4 the outcome of the pregnancy, despite making5 reasonable efforts to do so; and6 (b) for the reason stated in paragraph (a), the licensee did7 not know about the birth of a child of the pregnancy.8 40. Licensee must correct inaccurate information9 (1) This section applies if a licensee becomes aware that10 information in a record kept under this Subdivision is11 inaccurate.12 (2) As soon as practicable after becoming aware of the inaccuracy,13 the licensee must ensure that the record is updated so that it —14 (a) contains the correct information; and15 (b) clearly identifies the original information that is16 inaccurate; and17 (c) specifies the date on which the information was18 corrected.19 Penalty for this subsection: a fine of $10 000.20 (3) If the licensee becomes aware that information provided to the21 CEO under section 39 is inaccurate, the licensee must, as soon22 as practicable after becoming aware of the inaccuracy, notify23 the CEO of the inaccuracy and provide the correct information.24 Penalty for this subsection: a fine of $10 000.25 41. Confidentiality of information recorded under this Division26 (1) This section applies to the personal information of any of the27 following persons —28 (a) a person born as a result of an ART procedure;29 (b) an ART participant;30

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 3 ART procedures Division 4 Record keeping and access to information s. 42 page 30 (c) a person who contributes reproductive material, either as1 a donor or a contributing parent;2 (d) a person who donates an embryo;3 (e) an intended parent in relation to an ART procedure;4 (f) an intended parent under a surrogacy arrangement.5 (2) A person must not disclose any personal information of another6 person held by a licensee unless —7 (a) the disclosure is authorised by this Act or another8 written law; or9 (b) the other person consents in writing to the disclosure of10 their personal information.11 Penalty for this subsection: a fine of $25 000.12 42. False or misleading records13 A licensee must not create a false or misleading record of a14 record the licensee is required to keep under this Division.15 Penalty for this subsection: a fine of $25 000.16 Subdivision 2 — Access to information17 43. Licensee must provide access to information18 (1) This section applies if —19 (a) a person has the right to access information under20 subsection (3), (4) or (5); and21 (b) the information is kept by a licensee under section 36.22 (2) If the person asks the licensee for the information, the licensee23 must —24 (a) give the requested information to the person; or25 (b) advise the person that —26 (i) the requested information is held in the register27 of identity; and28

Assisted Reproductive Technology and Surrogacy Bill 2025 ART procedures Part 3 Record keeping and access to information Division 4 s. 44 page 31 (ii) the person can access the information from the1 register under section 97.2 Penalty for this subsection: a fine of $25 000.3 (3) A person born as a result of an ART procedure who reaches4 16 years of age has the right to access prescribed information5 about —6 (a) the person’s birth parent; and7 (b) if the person is a donor-conceived person — each donor8 in relation to the person.9 (4) Before a person born as a result of an ART procedure (the10 child) reaches 16 years of age, another person who has parental11 responsibility for the child has the right to access prescribed12 information about a person mentioned in subsection (3)(a) or (b)13 in relation to the child.14 (5) A donor in relation to a donor-conceived person has the right to15 access prescribed information about the person.16 44. Contact preferences17 (1) This section applies if a licensee has a record of a person’s18 preferences (contact preferences) about whether and, if so, how19 the person would like to be contacted by another person who is20 entitled to access information about the person under section 43.21 (2) When the licensee gives a person (the first person) information22 about another person under section 43, the licensee must also23 give the first person written notice of the other person’s contact24 preferences.25 Penalty for this subsection: a fine of $10 000.26 (3) A person who is given information about another person under27 section 43 and notice of the other person’s contact preferences28 under subsection (2) must not contact the other person unless29

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 3 ART procedures Division 4 Record keeping and access to information s. 44 page 32 the contact is in accordance with the other person’s contact1 preferences.2 Penalty for this subsection: a fine of $10 000.3

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Rights over reproductive material and embryos Division 1 s. 45 page 33 Part 4 — Reproductive material and embryos1 Division 1 — Rights over reproductive material and embryos2 45. Rights over reproductive material3 A contributing parent of reproductive material has the right to4 decide what happens to the material, including, for example —5 (a) the ART procedures in which the reproductive material6 is to be used; and7 (b) if the material becomes excess to the contributing8 parent’s needs, whether it is to be donated; and9 (c) the period for which the material is to be stored.10 46. Rights over embryos11 (1) An intended parent of an embryo, or the 2 intended parents of12 an embryo jointly, have the right to decide what happens to the13 embryo, including, for example —14 (a) the ART procedures in which the embryo is to be used;15 and16 (b) if the embryo becomes excess to the needs of the person17 or couple, whether it is to be donated; and18 (c) the period for which the embryo is to be stored.19 (2) An intended parent’s rights in relation to a donated embryo are20 subject to —21 (a) conditions attached to the donation by the donor of the22 embryo; and23 (b) the right of the donor to revoke the donation before the24 embryo is used.25

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Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 1 Rights over reproductive material and embryos s. 47 page 34 47. Rights of donor over donated reproductive material or1 donated embryo2 (1) If a person donates reproductive material or an embryo, the3 donor may —4 (a) in giving consent under Division 2 to the use or storage5 of the material or embryo, attach specified conditions to6 the donation; and7 (b) revoke the donation before the reproductive material or8 embryo is used.9 Examples for this subsection:10 For the purposes of paragraph (a), conditions that may be attached to11 the donation include —12 (a) donated reproductive material is to be used to create an13 embryo for a specified person or couple; and14 (b) if the donor dies, donated material or a donated embryo is not15 to be used in ART procedures to try to achieve a pregnancy,16 but may be used for research; and17 (c) unused donated material is to be disposed of when it has been18 stored for 5 years.19 (2) A person cannot attach a condition to the donation of20 reproductive material or an embryo that is a condition21 prohibited by the regulations.22 (3) A donor’s rights in relation to reproductive material or an23 embryo they donated end when —24 (a) in the case of donated reproductive material — the25 donated material is used in an ART procedure to create26 an embryo; or27 (b) the donated material or donated embryo is otherwise28 used in an ART procedure; or29 (c) if the donated material or donated embryo has not been30 allocated to a person or couple for their reproductive31 purposes — the prescribed storage period for the32 material or embryo ends.33

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Consent Division 2 s. 48 page 35 Division 2 — Consent1 48. Consent not required more than once2 Nothing in this Division requires the consent of a person to be3 given or obtained more than once in relation to the same matter.4 49. Consent of person under 18 years of age5 (1) This section applies if, for a licensee to do something, the6 consent of a person who is under 18 years of age is required7 under a provision of this Act.8 (2) If the person has sufficient understanding and intelligence to9 fully understand what is proposed, the person has the capacity10 to, and must, consent to the matter on their own behalf.11 (3) However, if the licensee considers the person does not have the12 capacity to consent to the matter as described in subsection (2),13 a parent or legal guardian of the person must consent on the14 person’s behalf, instead of the person.15 50. Requirement for consent16 (1) This section applies if something for which a person’s consent17 is required under a provision of this Act is done as part of an18 ART service provided by a licensee.19 (2) The licensee commits an offence unless —20 (a) the person’s written consent is obtained before the thing21 is done; and22 (b) the consent is effective under subsection (3); and23 (c) the thing is done in accordance with the consent.24 Penalty for this subsection: a fine of $50 000.25 (3) A person’s consent is effective for the purposes of26 subsection (2) if —27 (a) the consent states the matters prescribed for the consent;28 and29

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 2 Consent s. 51 page 36 (b) the consent is signed by the person; and1 (c) before the consent is given —2 (i) the person receives or is offered the counselling3 services, and is given the prescribed information,4 required for the consent under section 51(2); and5 (ii) the identity of the person giving the consent is6 verified in accordance with section 52.7 (4) It is a defence to a charge of an offence against subsection (2) in8 relation to the use or storage of reproductive material or an9 embryo for the licensee to prove that it is not clinically10 appropriate for reproductive material or an embryo to be used or11 stored in accordance with the consent12 51. Requirements relating to counselling services and13 information to support informed consent14 (1) This section applies if a person’s consent is required under a15 provision of this Act for something to be done as part of an16 ART service provided by a licensee.17 (2) The licensee must ensure that, before the person gives the18 consent —19 (a) if counselling services are prescribed as mandatory in20 relation to giving the consent — the person receives the21 mandatory counselling services; and22 (b) if paragraph (a) does not apply — the person is offered23 counselling services in relation to giving the consent;24 and25 (c) the person is given the prescribed information, in the26 prescribed way, that applies to giving the consent.27 (3) The licensee is taken to have complied with subsection (2)(a) in28 relation to the person giving the consent if the licensee is29 satisfied that the person received the counselling services30

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Consent Division 2 s. 52 page 37 mentioned in that subsection as part of an ART service provided1 by another licensee.2 (4) In subsection (3), a reference to another licensee includes a3 reference to a person who lawfully provides ART services4 outside the State.5 (5) Regulations may provide for any of the following —6 (a) counselling services that are mandatory in relation to7 giving consent for something to be done as part of an8 ART service;9 (b) the right of a person to choose who provides a10 counselling service to the person;11 (c) matters relating to the cost of counselling services;12 (d) the qualifications to be held by persons who provide13 counselling services;14 (e) the record keeping and information sharing requirements15 to be complied with by licensees and persons who16 provide counselling services;17 (f) requirements for the accessibility of information18 prescribed for subsection (2)(c), including, for example,19 interpretation or presentation of the information.20 52. Verification of identity of consent giver21 A licensee must not do something for which a person’s consent22 is required under a provision of this Act, or allow the thing to be23 done, unless the licensee takes reasonable steps to verify the24 identity of the person before obtaining the person’s consent for25 the thing.26 Penalty: a fine of $10 000.27 53. Collection, use and storage of reproductive material28 (1) A person’s consent is required for an ART procedure to be29 performed to collect reproductive material from the person.30

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 2 Consent s. 54 page 38 (2) If reproductive material is collected from a person, either as a1 contributing parent or a donor, the person’s consent is required2 for the material —3 (a) to be used in an ART procedure; and4 (b) to be stored for the period specified in the consent.5 (3) A licensee must not allow an ART procedure to collect6 reproductive material from a person to be performed unless the7 licensee takes reasonable steps to verify the person’s identity.8 Penalty for this subsection: a fine of $10 000.9 54. Transfer procedure using reproductive material10 (1) In this section —11 transfer procedure means an ART procedure in which12 reproductive material is transferred into a person’s body for the13 purpose of the person becoming pregnant.14 Examples for this definition:15 Examples of a transfer procedure include artificial insemination,16 gamete intrafallopian transfer and intrauterine insemination.17 (2) The consent of each of the following persons is required for a18 transfer procedure to be performed —19 (a) the person who is to undergo the transfer procedure;20 (b) each person who is a contributing parent of reproductive21 material to be used in the procedure;22 (c) each person who is an intended parent in relation to the23 procedure.24 (3) Also, if reproductive material to be used in the transfer25 procedure is donated, the consent of each donor of the donated26 reproductive material is required for it to be used in the27 procedure.28

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Consent Division 2 s. 55 page 39 55. Creation of embryo1 (1) In this section —2 embryo creation procedure means an ART procedure in which3 reproductive material is used to create, or to attempt to create,4 1 or more embryos.5 (2) The consent of each of the following persons is required for an6 embryo creation procedure to be performed —7 (a) each person who is a contributing parent of reproductive8 material to be used in the procedure;9 (b) each person who would be an intended parent of an10 embryo created by the procedure, were the procedure to11 result in the creation of 1 or more embryos.12 (3) Also, if reproductive material to be used in the embryo creation13 procedure is donated, the consent of each donor of the donated14 reproductive material is required for it to be used in the15 procedure.16 56. Storage of embryo17 The consent of each person who is an intended parent or donor18 of an embryo is required for an embryo to be stored by a19 licensee for the period specified in the consent.20 57. Allocation of donated embryo21 The consent of the following persons is required for a licensee22 to allocate a donated embryo to a person or couple —23 (a) each person who is a donor of the embryo;24 (b) the person, or each person in the couple, to whom the25 licensee proposes to allocate the embryo.26

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 2 Consent s. 58 page 40 58. Use of embryo in embryo transfer procedure1 (1) In this section —2 embryo transfer procedure means an ART procedure in which3 an embryo is transferred into a person’s body for the purpose of4 the person becoming pregnant.5 (2) The consent of each of the following persons is required for an6 embryo transfer procedure to be performed —7 (a) the person who is to undergo the procedure;8 (b) each person who is an intended parent in relation to the9 procedure.10 (3) Also, if an embryo to be used in the embryo transfer procedure11 is donated, the consent of each donor of the embryo is required12 for it to be used in the procedure.13 59. Amendment or withdrawal of consent14 (1) A person may amend or withdraw the person’s consent to an15 ART procedure being performed at any time before the16 procedure is performed.17 (2) A person may amend or withdraw the person’s consent to the18 use of reproductive material or an embryo for an ART19 procedure or its storage at any time before —20 (a) the material or embryo is used; or21 (b) the end of the period stated in the consent as the22 maximum period for which the material or embryo may23 be stored; or24 (c) if the person is the donor of the material or embryo and25 the material or embryo has not been allocated to a26 person or couple for their reproductive purposes — the27 end of the prescribed storage period for the material or28 embryo.29

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Consent Division 2 s. 60 page 41 (3) Amendment of a consent must be in writing.1 (4) Withdrawal of a consent —2 (a) if the consent is to the storage of reproductive material3 or an embryo — must be in writing; or4 (b) otherwise —5 (i) may be oral or written; and6 (ii) if the withdrawal is oral — must be confirmed in7 writing as soon as practicable after it is given.8 (5) A licensee must not accept an amendment or withdrawal of a9 person’s consent under subsection (1) or (2) unless the licensee10 takes reasonable steps to verify the person’s identity.11 Penalty for this subsection: a fine of $10 000.12 60. Steps after withdrawal of consent13 If a person withdraws the person’s consent to the use or storage14 of reproductive material or an embryo, a licensee must —15 (a) take immediate action to ensure the material or embryo16 is not used; and17 (b) deal with the material or embryo as directed in —18 (i) if the withdrawal of the consent specifies how19 the material or embryo is to be dealt with — the20 withdrawal of the consent; or21 (ii) otherwise — the consent that relates to the22 storage of the material or embryo.23 Penalty: a fine of $25 000.24 Examples for this section:25 For the purposes of paragraph (b), examples of directions that may be26 given in the consent or withdrawal of consent include that the27 reproductive material or embryo be —28 (a) donated to the licensee for use as the licensee considers29 appropriate; and30 (b) transferred to another licensee for further storage; and31 (c) disposed of or allowed to succumb.32

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 2 Consent s. 61 page 42 Note for this section:1 See sections 69 and 71 in relation to the steps to be taken in relation to2 the period for storing reproductive material or an embryo ending.3 61. Disputes and unforeseen circumstances relating to embryos4 (1) This section applies if —5 (a) a couple are the intended parents of an embryo; and6 (b) there is a dispute between the intended parents about the7 embryo, including, for example, a dispute arising8 because —9 (i) 1 of the intended parents wants to amend or10 withdraw a consent relating to the embryo; or11 (ii) circumstances arise that are not covered by a12 consent relating to the embryo.13 (2) One or both of the intended parents may apply to the Family14 Court for an order about the use of the embryo.15 (3) The Family Court may make any order about the use of the16 embryo that the court considers is reasonable in all the17 circumstances.18 (4) Despite any provision to the contrary, the licensee that is storing19 the embryo to which a consent relates is authorised and required20 to continue to store it while —21 (a) the court considers an application made under22 subsection (2); or23 (b) the licensee is otherwise aware there is a dispute24 between the intended parents of the embryo.25 62. Disposal or limited use of unviable material or unviable26 embryos27 (1) This section applies if —28 (a) reproductive material collected from a person is not29 viable to be used in an ART procedure or stored; or30

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Genetic testing Division 3 s. 63 page 43 (b) an embryo created as a result of an ART procedure, or1 other human material resulting after the procedure, is2 not viable to be used in an ART procedure or stored.3 (2) Nothing in this Division requires a person’s consent for the4 unviable reproductive material, embryo or other human material5 to be disposed of.6 (3) However, the consent of each of the following persons is7 required for the unviable reproductive material, embryo or other8 human material to be used by a licensee for training, quality9 assurance or other similar purposes —10 (a) in the case of unviable reproductive material — the11 contributing parent or donor of the reproductive12 material;13 (b) in the case of an unviable embryo or other human14 material — each person who is an intended parent in15 relation to the ART procedure that created the unviable16 embryo or other human material.17 Division 3 — Genetic testing18 63. Limited genetic testing of embryos19 (1) In this section —20 approved conditions list means the list of genetic conditions,21 diseases or abnormalities approved by the CEO and published22 under section 65.23 (2) A licensee must not carry out genetic testing of an embryo24 unless the testing is —25 (a) for a genetic condition, disease or abnormality in the26 approved conditions list; or27 (b) approved by the Board; or28 (c) a prescribed type of testing.29 Penalty for this subsection: a fine of $25 000.30

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 4 Storage s. 64 page 44 (3) Subsection (2) does not authorise genetic testing of an embryo1 for the purpose of sex selection in the absence of a medical2 reason to do so.3 (4) A licensee may apply to the Board for approval to carry out4 genetic testing of an embryo for a genetic condition, disease or5 abnormality not in the approved conditions list.6 (5) The Board may decide to give the approval or to refuse the7 application.8 64. Prohibition on sex selection9 A licensee must not carry out genetic testing of an embryo for10 the purpose of sex selection unless there is a medical reason to11 do so.12 Penalty: imprisonment for 2 years and a fine of $50 000.13 65. Approved conditions list14 (1) The CEO may approve a list of genetic conditions, diseases or15 abnormalities for which embryos may be tested.16 (2) The list approved under subsection (1) must —17 (a) be published on a website maintained by or on behalf of18 the Department; and19 (b) include the date on which the list takes effect; and20 (c) be published as a new version each time the list is21 changed.22 Division 4 — Storage23 66. Appropriate storage of reproductive material and embryos24 A licensee commits an offence if the storage facilities for25 reproductive material or embryos operated by the licensee fail to26 store reproductive material or embryos in a safe condition.27 Penalty: imprisonment for 2 years and a fine of $50 000.28

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Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Storage Division 4 s. 67 page 45 67. Purposes for storage of reproductive material and embryos1 (1) In this section —2 authorised research means —3 (a) research that uses reproductive material that is approved4 by a Human Research Ethics Committee acting in5 accordance with the National Ethical Statement; or6 (b) research that uses an embryo that is conducted under a7 licence issued by the National Health and Medical8 Research Council under the Research Involving Human9 Embryos Act 2002 (Commonwealth);10 Human Research Ethics Committee means a human research11 ethics committee constituted in accordance with the National12 Ethical Statement as in effect from time to time;13 National Ethical Statement means the guidelines on ethical14 issues relating to health —15 (a) issued under the National Health and Medical Research16 Council Act 1992 (Commonwealth) section 7(1)(a)(v);17 and18 (b) called the National Statement on Ethical Conduct in19 Human Research;20 National Health and Medical Research Council means the21 National Health and Medical Research Council established by22 the National Health and Medical Research Council Act 199223 (Commonwealth) section 5B.24 (2) A licensee must not store reproductive material or an embryo25 for a purpose other than —26 (a) use in an ART procedure; or27 (b) possible future use in an ART procedure; or28 (c) use in authorised research; or29 (d) a prescribed purpose.30 Penalty for this subsection: a fine of $25 000.31

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 4 Storage s. 68 page 46 68. Period of storage for reproductive material1 (1) The period for storing reproductive material is the period2 specified in the consent to storage given by the contributing3 parent or donor of the reproductive material.4 (2) However, the period for storing donated reproductive material is5 the prescribed storage period if —6 (a) the reproductive material has not been allocated to a7 person or couple for their reproductive purposes; and8 (b) the consent to the storage of the reproductive material9 given by its donor —10 (i) specifies a longer period than the prescribed11 storage period; or12 (ii) does not specify a period for storing the material.13 69. Steps relating to end of storage period for reproductive14 material15 (1) In this section —16 prescribed grace period, in relation to reproductive material,17 means the period that —18 (a) starts before, and ends after, the day on which the19 storage period for the reproductive material ends; and20 (b) is prescribed as the grace period for the storage of21 reproductive material;22 storage period, in relation to reproductive material, means the23 period for storing the reproductive material under section 68.24 (2) A licensee storing reproductive material must take reasonable25 steps to contact the contributing parent of the reproductive26 material, in accordance with subsection (3), to give the27 contributing parent an opportunity to give further consent about28 the use, storage or disposal of the material.29 Penalty for this subsection: a fine of $25 000.30

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Storage Division 4 s. 70 page 47 (3) The licensee must take the reasonable steps —1 (a) starting before the storage period for the reproductive2 material ends; and3 (b) continuing during the prescribed grace period for the4 material until the licensee contacts the contributing5 parent or the prescribed grace period ends.6 (4) The licensee must dispose of stored reproductive material if —7 (a) the licensee has complied with subsection (2) in relation8 to the material and the contributing parent has confirmed9 that the material is no longer to be stored or is to be10 disposed of; or11 (b) the licensee is unable to contact the contributing parent12 under subsection (2) despite reasonable efforts to do so13 and the prescribed grace period for the material ends; or14 (c) the reproductive material is donated and the storage15 period for the material ends.16 Penalty for this subsection: a fine of $25 000.17 70. Period of storage for embryos18 (1) The period for storing an embryo is the period specified in the19 consent to storage given by —20 (a) if the embryo has been donated — the donor or donors21 of the embryo; or22 (b) otherwise — the intended parent or intended parents of23 the embryo.24 (2) However, the period for storing a donated embryo is the25 prescribed storage period if —26 (a) the embryo has not been allocated to a person or couple27 for their reproductive purposes; and28 (b) the consent to the storage of the embryo given by its29 donor or donors —30

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 4 Storage s. 71 page 48 (i) specifies a longer period than the prescribed1 storage period; or2 (ii) does not specify a period for storing the embryo.3 71. Steps relating to end of storage period for embryos4 (1) In this section —5 prescribed grace period, in relation to an embryo, means the6 period that —7 (a) starts before, and ends after, the day on which the8 storage period for the embryo ends; and9 (b) is prescribed as the grace period for the storage of10 embryos;11 storage period, in relation to an embryo, means the period for12 storing the embryo under section 70.13 (2) A licensee storing an embryo must take reasonable steps to14 contact each intended parent of the embryo, in accordance with15 subsection (3), to give the intended parent an opportunity to16 give further consent about the use, storage or disposal of the17 embryo.18 Penalty for this subsection: a fine of $25 000.19 (3) The licensee must take the reasonable steps —20 (a) starting before the storage period for the embryo ends;21 and22 (b) continuing during the prescribed grace period for the23 embryo until the licensee contacts each intended parent24 or the prescribed grace period ends.25 (4) Subsection (2) does not apply if the embryo has been donated.26 (5) The licensee must allow the embryo to succumb if —27 (a) the licensee has complied with subsection (2) in relation28 to the embryo and each intended parent of the embryo29

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Posthumous use of reproductive material and embryos Division 5 s. 72 page 49 has confirmed that the embryo is no longer to be stored1 or is to be allowed to succumb; or2 (b) the licensee is unable to contact each intended parent3 under subsection (2) despite reasonable efforts to do so4 and the prescribed grace period for the embryo ends; or5 (c) the embryo is donated and the storage period for the6 embryo ends.7 Penalty for this subsection: a fine of $25 000.8 Division 5 — Posthumous use of reproductive material and9 embryos10 Subdivision 1 — Preliminary11 72. Purpose of Division12 The purpose of this Division is to establish —13 (a) that the consent of a deceased person given before the14 person died, to the extent that it expressly states what is15 to happen to the person’s reproductive material or16 embryos after the person dies, is generally to be given17 effect; and18 (b) the rights of the surviving partner of a deceased person19 in relation to deciding what happens to a deceased20 person’s reproductive material or embryos; and21 (c) the requirements that must be met before a deceased22 person’s reproductive material or embryos can be used;23 and24 (d) the obligations of a licensee in relation to the use,25 storage and disposal of a deceased person’s reproductive26 material or embryos.27

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 5 Posthumous use of reproductive material and embryos s. 73 page 50 73. Terms used1 (1) In this Division —2 consent, of a deceased person, means consent given by the3 person before the person died for something to be done in4 relation to reproductive material or an embryo that would be5 required under section 50(2) for a licensee to do the thing if the6 person had not died;7 embryo, of a deceased person, means —8 (a) an embryo of which the person was an intended parent9 or donor immediately before the person’s death; or10 (b) an embryo created after the person’s death using11 reproductive material of the deceased person in12 accordance with section 78;13 removed posthumously, in relation to the reproductive material14 of a deceased person, means the reproductive material was15 removed from the person’s body after the person’s death under16 the Human Tissue and Transplant Act 1982 Part 3A or a written17 law of another jurisdiction;18 reproductive material, of a deceased person, means —19 (a) reproductive material collected from the person before20 the person’s death; or21 (b) reproductive material removed posthumously from the22 person’s body.23 (2) In this Division, a reference to a deceased person who does not24 have a surviving partner is a reference to a deceased person who25 did not have a partner immediately before the person’s death.26

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Posthumous use of reproductive material and embryos Division 5 s. 74 page 51 Subdivision 2 — Permitted use of deceased person’s reproductive1 material and embryos2 74. Deceased person’s consent3 (1) This section applies if a deceased person’s consent expressly4 states what is to happen to the deceased person’s reproductive5 material or embryos after the person dies.6 (2) The deceased person’s reproductive material or embryos can be7 used for 1 of the following purposes, if the use after the person’s8 death is expressly permitted by the person’s consent —9 (a) the reproductive purposes of the person’s surviving10 partner;11 (b) in the case of reproductive material or an embryo12 donated before the person’s death — the continuing13 donation of the material or embryo;14 (c) the donation of the material or embryo after the person’s15 death for use for a purpose other than the reproductive16 purposes of any person or couple.17 (3) Also, the deceased person’s reproductive material or embryos18 can, to the extent expressly permitted by the person’s consent —19 (a) be stored in relation to a permitted use of the material or20 embryos mentioned in subsection (2); or21 (b) be disposed of or allowed to succumb.22 (4) If the surviving partner of the deceased person is a joint23 intended parent or joint donor of the deceased person’s24 embryos —25 (a) subsection (2)(b) applies unless the surviving partner26 withdraws the partner’s consent to the donation; and27 (b) subsection (2)(c) applies subject to the surviving partner28 also consenting to the donation.29

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 5 Posthumous use of reproductive material and embryos s. 75 page 52 75. Limited use of reproductive material removed1 posthumously2 (1) This section applies if reproductive material is removed3 posthumously from a deceased person’s body.4 (2) The reproductive material can be used only —5 (a) for the reproductive purposes of the deceased person’s6 surviving partner; and7 (b) with the approval of the Board.8 (3) Subsection (2) also applies to an embryo created in accordance9 with that subsection using the reproductive material.10 (4) Reproductive material, or an embryo created using the11 reproductive material, not used for the surviving partner’s12 reproductive purposes must be disposed of or allowed to13 succumb.14 76. Surviving partner’s right in relation to deceased person’s15 reproductive material or embryos for reproductive purposes16 (1) The surviving partner of a deceased person has the right to use17 the person’s reproductive material or, if the partner is a joint18 intended parent of the deceased person’s embryos, the person’s19 embryos, in an ART procedure for the partner’s reproductive20 purposes, but only if the use for that purpose is expressly21 permitted by —22 (a) the deceased person’s consent; or23 (b) the approval of the Board.24 Note for this subsection:25 The Board cannot approve use of the deceased person’s reproductive26 material or embryos for the use mentioned in subsection (1) if that use27 is contrary to the deceased person’s consent. See section 83(6).28 (2) Subsection (1) applies in relation to embryos of which the29 deceased person and surviving partner are joint intended30

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Posthumous use of reproductive material and embryos Division 5 s. 77 page 53 parents, with the approval of the Board as mentioned in1 subsection (1)(b), if —2 (a) the deceased person’s consent expressly states that the3 embryos are to be donated, either before or after the4 person’s death; and5 (b) the surviving partner withdraws the partner’s earlier6 consent to the donation of the embryos, or does not7 consent to their donation, as provided in section 74(4);8 and9 (c) the surviving partner wishes to use the reproductive10 material for the partner’s reproductive purposes.11 (3) The surviving partner may decide that the deceased person’s12 reproductive material is to be disposed of or embryos (of which13 the partner is a joint intended parent) be allowed to succumb,14 even if —15 (a) the deceased person’s consent provides for the material16 or embryos to be used after the person’s death for the17 partner’s reproductive purposes; or18 (b) in the case of the person’s reproductive material — the19 material was removed posthumously.20 (4) Subsection (3) does not apply if the deceased person’s consent21 expressly states that the person’s reproductive material is to be22 donated, either before or after the person’s death.23 77. No other rights in relation to reproductive material or24 embryos of deceased person25 The next of kin of a deceased person, other than the person’s26 surviving partner, does not have any right to decide what27 happens to the deceased person’s reproductive material or28 embryos.29

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 5 Posthumous use of reproductive material and embryos s. 78 page 54 Subdivision 3 — Obligations of licensees1 78. Use of deceased person’s reproductive material or embryos2 for surviving partner’s reproductive purposes3 A licensee must not use the reproductive material or an embryo4 of a deceased person in an ART procedure performed for the5 reproductive purposes of the deceased person’s surviving6 partner unless —7 (a) that use after the person’s death is expressly permitted8 by the deceased person’s consent or the approval of the9 Board; and10 (b) a medical practitioner has certified that the medical11 practitioner —12 (i) has, after the person’s death, considered the13 matters mentioned in section 21(1) in relation to14 the surviving partner; and15 (ii) considers the ART procedure is appropriate for16 the partner.17 Penalty: a fine of $25 000.18 79. Donation of deceased person’s reproductive material or19 embryos20 (1) This section applies if a deceased person’s consent —21 (a) expressly permits the person’s reproductive material or22 embryos, donated before the person’s death, to continue23 to be used as donated material or donated embryos after24 the person’s death; or25 (b) expressly states that the person’s reproductive material26 or embryos are to be donated after the person’s death.27 (2) A licensee commits an offence if the deceased person’s28 reproductive material or embryos are used other than as donated29 material or donated embryos —30 (a) in accordance with the person’s consent; and31

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Posthumous use of reproductive material and embryos Division 5 s. 80 page 55 (b) if the deceased person has a surviving partner who is a1 joint intended parent or joint donor of the deceased2 person’s embryos — subject to the partner withdrawing3 consent to the donation, or not consenting to the4 donation, as provided in section 74(4); and5 (c) if the material or embryo is donated after the person’s6 death — for a purpose other than the reproductive7 purposes of any person or couple.8 Penalty for this subsection: a fine of $25 000.9 (3) It is a defence to a charge of an offence against subsection (2)10 for the licensee to prove —11 (a) that it is not clinically appropriate for the reproductive12 material or an embryo to be used for the purpose for13 which it is donated in accordance with the deceased14 person’s consent; or15 (b) if the deceased person did not have a surviving16 partner — the licensee did not know that the deceased17 person had died.18 (4) The licensee must allow the embryos to succumb if —19 (a) as provided in section 74(4), the deceased person’s20 surviving partner withdraws the partner’s earlier consent21 to the donation of the embryos, or does not consent to22 the donation; and23 (b) the surviving partner gives the licensee notice, in24 writing, that the partner does not wish to use the25 embryos for the partner’s reproductive purposes.26 Penalty for this subsection: a fine of $25 000.27 80. Storage of deceased person’s reproductive material or28 embryos pending application to Board29 (1) This section applies if —30 (a) reproductive material is posthumously removed from a31 deceased person’s body; or32

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Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 5 Posthumous use of reproductive material and embryos s. 80 page 56 (b) all of the following apply —1 (i) a deceased person and the person’s surviving2 partner are joint intended parents of embryos;3 (ii) the deceased person’s consent expressly states4 that the person’s embryos are to be donated,5 either before or after the person’s death;6 (iii) the surviving partner gives the licensee notice, in7 writing, that the partner wishes to use the8 embryos for the partner’s reproductive purposes;9 or10 (c) a deceased person’s consent does not state what is to11 happen to the deceased person’s reproductive material12 or embryos after the person dies.13 Note for this subsection:14 In the circumstances in which this section applies, the approval of the15 Board is required for the deceased person’s reproductive material or16 embryos to be used for the reproductive purposes of the person’s17 surviving partner. See sections 76(1) and 78.18 (2) A licensee may store the material until —19 (a) in the case that the consent of the deceased person’s20 surviving partner is required to store the reproductive21 material or embryos under subsection (3) — the22 surviving partner consents to the storage of the material23 or embryos; or24 (b) the licensee is required to dispose of the material or25 allow the embryos to succumb under section 81(2).26 (3) If the Board approves the deceased person’s reproductive27 material or embryos being used in an ART procedure for the28 reproductive purposes of the person’s surviving partner, the29 partner’s consent is required for the reproductive material or30 embryos —31 (a) to be used in an ART procedure for the partner’s32 reproductive purposes; or33

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Posthumous use of reproductive material and embryos Division 5 s. 81 page 57 (b) to be stored for the purpose mentioned in paragraph (a);1 or2 (c) if the material or an embryo is no longer required for the3 partner’s reproductive purposes — to be disposed of or4 allowed to succumb.5 81. Disposal of deceased person’s reproductive material or6 embryos7 (1) This section applies if a deceased person’s reproductive material8 or embryos are stored by a licensee under section 80(2).9 (2) The licensee storing a deceased person’s reproductive material10 or embryos must dispose of the material or allow the embryos to11 succumb if —12 (a) the person did not have a surviving partner; or13 (b) in the case of the deceased person’s reproductive14 material — the person’s surviving partner gives the15 licensee notice, in writing, that the partner does not wish16 to use the reproductive material for the partner’s17 reproductive purposes; or18 (c) the Board decides to refuse an application for approval19 to use the deceased person’s reproductive material or20 embryos for the reproductive purposes of the person’s21 surviving partner; or22 (d) in the case of reproductive material posthumously23 removed from a deceased person, all of the following24 apply —25 (i) it has been more than the prescribed period since26 the reproductive material was removed from the27 person;28 (ii) the licensee has taken reasonable steps to contact29 the person’s surviving partner;30

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 5 Posthumous use of reproductive material and embryos s. 82 page 58 (iii) the licensee has not received the notice1 mentioned in paragraph (b), or the consent2 required under section 80(3), from the person’s3 surviving partner.4 Penalty for this subsection: a fine of $25 000.5 (3) The licensee must not act under subsection (2)(c) until —6 (a) if the licensee applies to the State Administrative7 Tribunal for a review of the Board’s decision — the8 licensee receives notice that the State Administrative9 Tribunal confirmed the Board’s decision; or10 (b) otherwise — the day that is 28 days after the day on11 which the Board gave notice of the decision to the12 licensee.13 82. Other storage and disposal of deceased person’s14 reproductive material and embryos15 (1) This section applies to a licensee storing a deceased person’s16 reproductive material or embryos in accordance with —17 (a) the person’s consent; and18 (b) if the deceased person has a surviving partner who is a19 joint intended parent or joint donor of the person’s20 embryos — the surviving partner’s consent.21 (2) The licensee may continue to store the reproductive material or22 embryos in accordance with the consent for a purpose23 mentioned in section 74(2).24 (3) Section 68 continues to apply in relation to the reproductive25 material.26 (4) If the deceased person has a surviving partner, section 6927 continues to apply in relation to the deceased person’s28 reproductive material as though a reference in that section to the29 contributing parent of the material were a reference to the30 surviving partner.31

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Posthumous use of reproductive material and embryos Division 5 s. 83 page 59 (5) If the deceased person did not have a surviving partner —1 (a) section 69(2) does not apply in relation to the deceased2 person’s reproductive material; and3 (b) section 69(4) applies as if the licensee is required to4 dispose of the person’s reproductive material under that5 subsection when the storage period for the material (as6 defined in section 69(1)) ends.7 (6) Section 70 continues to apply in relation to the embryos.8 (7) If the deceased person has a surviving partner, section 719 continues to apply in relation to the deceased person’s embryos10 as though a reference in that section to each intended parent of11 an embryo were a reference to the surviving partner.12 (8) If the deceased person did not have a surviving partner —13 (a) section 71(2) does not apply in relation to an embryo of14 the person; and15 (b) section 71(5) applies as if the licensee is required to16 allow an embryo of the person to succumb under that17 subsection when the storage period for the embryo (as18 defined in section 71(1)) ends.19 Subdivision 4 — Board approval for use20 83. Board approval to use reproductive material or embryo of21 deceased person22 (1) A licensee may apply to the Board for approval for the licensee23 to use the reproductive material or an embryo of a deceased24 person in an ART procedure for the reproductive purposes of25 the person’s surviving partner (the requested use).26 (2) The deceased person’s surviving partner must consent in writing27 to the application being made.28

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 5 Posthumous use of reproductive material and embryos s. 83 page 60 (3) In deciding the application, the Board must consider —1 (a) any explicit wishes of the deceased person, either for or2 against the posthumous use of the reproductive material3 or embryo; and4 (b) the deceased person’s intentions in relation to becoming5 a parent; and6 (c) the best interests of a child of the deceased person,7 including, for example, any implications for the child of8 being conceived after the person’s death; and9 (d) any other prescribed requirements.10 (4) The Board may decide —11 (a) to approve the requested use of the reproductive material12 or embryo, with or without conditions; or13 (b) to refuse the application.14 (5) The Board cannot approve the use of the reproductive material15 or embryo for any other purpose.16 (6) Also, the Board —17 (a) can approve the requested use of the deceased person’s18 embryo contrary to the person’s consent only if the19 circumstances mentioned in section 76(2) apply; and20 (b) otherwise, cannot approve the use of the deceased21 person’s reproductive material or embryo if the22 requested use is contrary to the deceased person’s23 consent.24 (7) If the reproductive material was collected when the deceased25 person was under 18 years of age, the Board may approve the26 use of the reproductive material only if —27 (a) the person had reached 18 years of age at the time of28 death; and29 (b) the person’s surviving partner has reached 18 years of30 age.31

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Transferring, exporting and importing reproductive material and embryos Division 6 s. 84 page 61 84. Decision to approve posthumous use of reproductive1 material or embryo2 (1) If the Board decides to approve the posthumous use of3 reproductive material or an embryo, the Board must give the4 applicant written notice of the decision.5 (2) The Board must give the notice as soon as practicable after6 making the decision.7 85. Decision to refuse application8 (1) If the Board decides to refuse an application for approval to use9 the reproductive material or an embryo of a deceased person,10 the Board must give the applicant written notice of the decision.11 Note for this subsection:12 See the State Administrative Tribunal Act 2004 section 20(1) for the13 requirement for a person who has the right to have a decision reviewed14 by the State Administrative Tribunal to be given written notice of that15 right.16 (2) If the reproductive material or embryo is stored by a licensee17 other than the applicant, the Board must give a copy of the18 notice to the licensee that is storing the reproductive material or19 embryo.20 Division 6 — Transferring, exporting and importing21 reproductive material and embryos22 86. Transferring reproductive material and embryos between23 licensees24 A licensee must not transfer reproductive material or an embryo25 to another licensee unless —26 (a) each person who is an intended parent of the27 reproductive material or embryo requests the transfer in28 writing; and29

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 6 Transferring, exporting and importing reproductive material and embryos s. 87 page 62 (b) in the case of donated reproductive material or a donated1 embryo — the transfer is consistent with the consent2 given by the donor in relation to the reproductive3 material or embryo; and4 (c) the licensee gives the other licensee the prescribed5 information for the transfer.6 Penalty: a fine of $25 000.7 87. Exporting reproductive material and embryos8 A licensee must not export reproductive material or an embryo9 out of the State unless —10 (a) the reproductive material or embryo is being11 exported —12 (i) to a person (the recipient) who lawfully provides13 ART services outside the State; and14 (ii) to be used for a purpose for which it could15 lawfully be used in the State under this Act or an16 Act of the Commonwealth;17 and18 (b) each person who is an intended parent of the19 reproductive material or embryo requests the export in20 writing; and21 (c) in the case of donated reproductive material or a donated22 embryo — the export is consistent with the consent23 given by the donor in relation to the reproductive24 material or embryo; and25 (d) in the case of the reproductive material or an embryo of26 a deceased person (as those terms are defined in27 section 73(1)) —28 (i) if the export is for the reproductive purposes of29 the person’s surviving partner — the use of the30 reproductive material or embryo for this purpose31 complies with section 78; or32

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Transferring, exporting and importing reproductive material and embryos Division 6 s. 88 page 63 (ii) if the export is for purposes related to the1 material or embryo being donated — the export2 complies with section 79(2);3 and4 (e) the licensee provides the prescribed information about5 the reproductive material or embryo to the recipient at6 the time of export.7 Penalty: a fine of $50 000.8 88. Importing reproductive material and embryos9 A licensee must not import reproductive material or an embryo10 into the State unless the licensee —11 (a) is able to comply with the requirements under this Act12 for the storage and use of the reproductive material or13 embryo in the State; and14 (b) for each person who is a donor of the reproductive15 material or, in the case of a donated embryo, each16 person who contributed reproductive material used to17 create the embryo —18 (i) obtains the prescribed information about the19 person’s identity and age; and20 (ii) verifies that the person has reached 18 years of21 age.22 Penalty: a fine of $50 000.23 89. Exemption from export or import requirements24 (1) This section applies in relation to a requirement under25 section 87 or 88, other than the requirement to provide certain26 information to a recipient under section 87(e).27 (2) The requirement does not apply to a licensee to the extent that28 the Board exempts the licensee from the requirement.29

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 6 Transferring, exporting and importing reproductive material and embryos s. 90 page 64 (3) A licensee may apply to the Board for an exemption from the1 requirement in relation to the export or import of specified2 reproductive material or an embryo.3 (4) The Board may decide to grant the exemption or to refuse the4 application.5 90. Export or import prohibited if 5 family worldwide limit6 likely to be exceeded7 (1) A licensee must not export reproductive material or an embryo8 out of the State, or import reproductive material or an embryo9 into the State, if the licensee knows, or ought to have known,10 that using the material or embryo to achieve a pregnancy would11 likely result in the 5 family worldwide limit being exceeded.12 Penalty for this subsection: a fine of $50 000.13 (2) Subsection (1) does not apply if the Board approves the 5 family14 worldwide limit being exceeded in relation to the reproductive15 material or embryo of a specified donor.16 (3) A licensee may apply to the Board for approval to exceed the17 5 family worldwide limit in relation to the export or import of18 the reproductive material or embryo of a specified donor.19 (4) The Board may decide to give the approval or to refuse the20 application.21 91. Prescribed requirements for exporting or importing22 reproductive material and embryos23 The regulations may prescribe additional requirements relating24 to licensees exporting or importing reproductive material and25 embryos.26

Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Offences Division 7 s. 92 page 65 Division 7 — Offences1 92. Prohibition on commercial trading in reproductive material2 and embryos3 (1) In this section —4 reasonable expenses —5 (a) in relation to the supply of reproductive material,6 includes expenses relating to the collection, storage or7 transport of the material; or8 (b) in relation to the supply of an embryo —9 (i) includes expenses relating to the storage or10 transport of the embryo; but11 (ii) does not include any expenses incurred by a12 person before the embryo became excess to the13 needs of the person or another person;14 valuable consideration, in relation to the supply of reproductive15 material or an embryo —16 (a) includes an inducement, discount or priority in relation17 to the supply; but18 (b) does not include the payment of reasonable expenses19 incurred by a person in connection with the supply.20 (2) A person commits a crime if the person —21 (a) offers valuable consideration to another person for the22 supply of reproductive material or an embryo; or23 (b) receives, or offers to receive, valuable consideration24 from another person for the supply of reproductive25 material or an embryo.26 Penalty for this subsection: imprisonment for 15 years and a27 fine of $175 000.28

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 4 Reproductive material and embryos Division 7 Offences s. 93 page 66 93. Restrictions on creating embryos1 (1) A person must not create, or attempt to create, an embryo2 unless —3 (a) the person performs ART procedures as part of an ART4 service provided by a licensee; and5 (b) the creation of the embryo is for the sole purpose of6 achieving, or attempting to achieve, a pregnancy.7 (2) A person who creates, or attempts to create, an embryo in8 contravention of subsection (1) commits a crime.9 Penalty for this subsection: imprisonment for 15 years and a10 fine of $175 000.11 94. Prohibition on cloning12 A person who creates, or attempts to create, an embryo that is a13 genetic copy of a living or deceased human commits a crime.14 Penalty: imprisonment for 15 years and a fine of $175 000.15 95. False or misleading information16 (1) In this section —17 disability has the meaning given in the Disability Services18 Act 1993 section 3;19 health information, about a person, means personal information20 that relates to —21 (a) the health (at any time) of the person; or22 (b) the disability (at any time) of the person; or23 (c) the person’s expressed wishes about the future provision24 of health services to the person; or25 (d) a health service provided, or to be provided, to the26 person;27

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Assisted Reproductive Technology and Surrogacy Bill 2025 Reproductive material and embryos Part 4 Offences Division 7 s. 95 page 67 (2) This section applies to each of following persons —1 (a) an ART participant;2 (b) a contributing parent of reproductive material;3 (c) an intended parent of an embryo or in relation to an4 ART procedure;5 (d) a donor of reproductive material or an embryo.6 (3) The person must not —7 (a) provide a false identity, or give other false or misleading8 personal information about themself to a licensee; or9 (b) give false or misleading health information about10 themself to a licensee.11 Penalty for this subsection: a fine of $15 000.12

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 5 Registers maintained by CEO Division 1 Register of identity s. 96 page 68 Part 5 — Registers maintained by CEO1 Division 1 — Register of identity2 96. Register of identity3 (1) The CEO must maintain a register (the register of identity)4 about persons born as a result of an ART procedure.5 (2) An entry in the register of identity about a person born as a6 result of an ART procedure must contain the required7 information about —8 (a) the person; and9 (b) the person’s birth parent; and10 (c) if the person is a donor-conceived person — each donor11 in relation to the person.12 (3) The required information about a person mentioned in13 subsection (2) is —14 (a) the person’s name; and15 (b) the prescribed identifying particulars about the person;16 and17 (c) other prescribed information about the person.18 97. Right of access to information in register of identity19 (1) This section applies if —20 (a) a person has the right to access information under21 subsection (3), (4) or (5); and22 (b) the information is in the register of identity.23 (2) The CEO must give the information to the person at the24 person’s request.25

Assisted Reproductive Technology and Surrogacy Bill 2025 Registers maintained by CEO Part 5 Register of identity Division 1 s. 98 page 69 (3) A person born as a result of an ART procedure who has reached1 16 years of age has the right to access prescribed information2 about —3 (a) the person’s birth parent; and4 (b) if the person is a donor-conceived person — each donor5 in relation to the person.6 (4) Before a person born as a result of an ART procedure (the7 child) reaches 16 years of age, a person who has parental8 responsibility for the child has the right to access prescribed9 information about a person mentioned in subsection (3)(a) or (b)10 in relation to the child.11 (5) A donor in relation to a donor-conceived person has the right to12 access prescribed information about the person.13 98. Contact preferences14 (1) This section applies if the register of identity includes a record15 of a person’s preferences (contact preferences) about whether16 and, if so, how the person would like to be contacted by another17 person who is entitled to access information about the person18 under section 97.19 (2) When the CEO gives a person (the first person) information20 about another person under section 97(2), the CEO must also21 give the first person written notice of the other person’s contact22 preferences.23 (3) A person who is given information about another person under24 section 97(2) and notice of the other person’s contact25 preferences under subsection (2) must not contact the other26 person unless the contact is in accordance with the other27 person’s contact preferences.28 Penalty for this subsection: a fine of $10 000.29

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 5 Registers maintained by CEO Division 2 Register of ART procedures s. 99 page 70 Division 2 — Register of ART procedures1 99. Register of ART procedures2 (1) The CEO must maintain a register (the register of ART3 procedures) about ART procedures performed as part of ART4 services provided by licensees.5 (2) The purpose of the register of ART procedures is to collect data6 to help in monitoring and analysing, and to support research7 related to —8 (a) the incidence, causes and prevention of infertility; and9 (b) assisted reproductive technology, including, for10 example, the impact of ART procedures on the health11 outcomes of persons who undergo the procedures and12 persons born as a result of the procedures.13 (3) The register of ART procedures must contain the information14 about ART procedures that a licensee is required to give to the15 CEO under section 39.16 100. Disclosure and use of information17 (1) Information in the register of ART procedures may be disclosed18 to and used by the following persons for a purpose mentioned in19 section 99(2) —20 (a) an employee of the Department;21 (b) an employee of a health service provider;22 (c) a person approved by the CEO who is contracted by the23 Department or a health service provider to collect or24 analyse the information in the register;25 (d) a person approved by the CEO who is undertaking26 research into a matter mentioned in section 99(2)(a)27 or (b).28

Assisted Reproductive Technology and Surrogacy Bill 2025 Registers maintained by CEO Part 5 General Division 3 s. 101 page 71 (2) However, information in the register of ART procedures that1 identifies an individual may only be disclosed to a person2 mentioned in subsection (1)(d) with the consent of the3 individual to whom the information relates.4 (3) Subsection (4) applies to a person who uses information about5 an individual disclosed to the person under subsection (1) for6 undertaking research into a matter mentioned in section 99(2)(a)7 or (b).8 (4) The person must not publish information relating to the research9 in a form that identifies the individual unless the individual10 consents to the information being published in that form.11 Penalty for this subsection: a fine of $25 000.12 (5) For the purposes of subsections (2) and (4), information13 identifies an individual if the identity of the individual is14 apparent, or can reasonably be ascertained, from the15 information.16 Division 3 — General17 101. Application of Division18 This Division applies in relation to —19 (a) the register of identity; and20 (b) the register of ART procedures.21 102. CEO must correct inaccurate information22 (1) This section applies if the CEO becomes aware that information23 in a register is inaccurate.24 (2) As soon as practicable after becoming aware of the inaccuracy,25 the CEO must ensure that the register is updated so that it —26 (a) contains the correct information; and27 (b) clearly identifies the original information that is28 inaccurate; and29

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 5 Registers maintained by CEO Division 3 General s. 103 page 72 (c) specifies the date on which the information was1 corrected; and2 (d) if the CEO was notified of the inaccuracy by a licensee3 under section 40(3) — specifies the date on which the4 CEO was notified of the inaccuracy.5 (3) If the CEO becomes aware that information in a register is6 inaccurate other than by being notified under section 40(3), the7 CEO must notify the licensee that provided the information8 about the inaccuracy.9 103. CEO may direct licensee to provide information required10 for register11 (1) If the CEO becomes aware, or believes on reasonable grounds,12 that a register contains information that is inaccurate or13 incomplete, the CEO may direct the licensee that provided the14 information —15 (a) to provide the correct or complete information to the16 CEO; or17 (b) to explain how the information is correct or complete to18 the best of the licensee’s knowledge.19 (2) If the CEO becomes aware, or believes on reasonable grounds,20 that a licensee has failed to provide information for a register to21 the CEO under section 39, the CEO may direct the licensee —22 (a) to provide the information to the CEO; or23 (b) to explain why the licensee cannot provide the24 information to the CEO.25 (3) The licensee must comply with a direction under subsection (1)26 or (2) within the period specified in the direction.27 Penalty for this subsection: a fine of $25 000.28

Assisted Reproductive Technology and Surrogacy Bill 2025 Surrogacy Part 6 Preliminary Division 1 s. 104 page 73 Part 6 — Surrogacy1 Division 1 — Preliminary2 104. Terms used3 In this Part —4 for reward, in relation to a surrogacy arrangement, has the5 meaning given in section 106;6 party, to a surrogacy arrangement, means each of the7 following —8 (a) the surrogate;9 (b) the intended parent, or 2 intended parents jointly;10 (c) another person identified in the arrangement as a party11 to the surrogacy arrangement, for example, the12 surrogate’s partner;13 qualified counsellor means a person who has the prescribed14 experience or prescribed qualifications (or both) to perform the15 functions of a counsellor under this Part;16 register of births, deaths and marriages means the Register17 referred to in the Births, Deaths and Marriages Registration18 Act 1998 section 49;19 Registrar of Births, Deaths and Marriages means the Registrar20 of Births, Deaths and Marriages appointed under the Births,21 Deaths and Marriages Registration Act 1998 section 5;22 registration, of a birth, means registration under the Births,23 Deaths and Marriages Registration Act 1998 Part 3 Division 2;24 relationship plan has the meaning given in section 113;25 surrogacy expense, in relation to a surrogacy arrangement, has26 the meaning given in section 107.27

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 6 Surrogacy Division 1 Preliminary s. 105 page 74 105. What this Part is about1 This Part provides for matters related to surrogacy2 arrangements, including —3 (a) the status of surrogacy arrangements and the4 requirements for the arrangements to be valid; and5 (b) that surrogacy arrangements for reward are prohibited;6 and7 (c) the circumstances in which the Family Court can make8 an order about the parentage of a child born under a9 surrogacy arrangement.10 Note for this section:11 See section 16 for the meaning of the terms surrogacy arrangement,12 surrogate, intended parent and overseas surrogacy arrangement.13 106. When is surrogacy arrangement for reward14 A surrogacy arrangement is for reward if the arrangement15 provides for a person to receive payment or other valuable16 consideration for anything other than reasonable surrogacy17 expenses.18 107. What is a surrogacy expense19 (1) A surrogacy expense is an expense of the surrogate associated20 with any of the following matters relating to a surrogacy21 arrangement —22 (a) achieving, or attempting to achieve, a pregnancy,23 including as a result of an ART procedure;24 (b) the surrogate being pregnant or giving birth;25 (c) the surrogate or the surrogate’s partner (if any) being a26 party to the arrangement or to proceedings in the Family27 Court for a parentage order.28

Assisted Reproductive Technology and Surrogacy Bill 2025 Surrogacy Part 6 Preliminary Division 1 s. 107 page 75 (2) Without limiting subsection (1), each of the following1 associated with a matter mentioned in that subsection is a2 surrogacy expense —3 (a) a medical expense of the surrogate;4 (b) a reasonable expense for a child born under the5 surrogacy arrangement, including a reasonable medical6 expense;7 (c) the value of the surrogate’s lost earnings because of8 leave taken —9 (i) for a period of not more than 2 months during10 which the birth happens or was expected to11 happen; or12 (ii) at any time for medical reasons arising during the13 pregnancy;14 (d) an expense for counselling for the surrogate or15 surrogate’s partner (if any);16 (e) a premium payable for health, disability or life insurance17 that —18 (i) the surrogate would not have taken out if the19 surrogacy arrangement had not been entered into;20 and21 (ii) provides cover for a period during which an22 expense referred to in this subsection is, or was23 expected to have been, incurred;24 (f) an expense for the surrogate’s reasonable travel or25 accommodation;26 (g) an expense for childcare for the surrogate’s child or27 children (if any);28 (h) an expense associated with an assessment or expert29 advice, including legal advice, relating to the surrogacy30 arrangement or proceedings in the Family Court for a31 parentage order;32 (i) a prescribed expense.33

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 6 Surrogacy Division 2 Surrogacy arrangements s. 108 page 76 Division 2 — Surrogacy arrangements1 108. When is surrogacy arrangement valid2 (1) A surrogacy arrangement is valid if the surrogate, each intended3 parent and any other party to the arrangement has reached4 18 years of age when the party enters into the arrangement, and5 the arrangement —6 (a) is not for reward; and7 (b) includes the contents of a surrogacy arrangement8 required under section 109; and9 (c) is in writing; and10 (d) is signed by the surrogate and each intended parent; and11 (e) is entered into after the surrogate and each intended12 parent —13 (i) received counselling from a qualified counsellor14 about the arrangement and its social and15 psychological implications; and16 (ii) obtained independent legal advice, in writing,17 about the arrangement and its implications;18 and19 (f) is entered into before the surrogate becomes pregnant,20 unless the arrangement is to replace an existing21 surrogacy arrangement involving the same parties.22 (2) For the purposes of subsection (1)(e)(ii), legal advice about a23 surrogacy arrangement is independent if the lawyer providing24 the advice —25 (a) is freely chosen by the person receiving the advice; and26 (b) is not also providing advice about the arrangement to27 another party to the arrangement.28

Assisted Reproductive Technology and Surrogacy Bill 2025 Surrogacy Part 6 Surrogacy arrangements Division 2 s. 109 page 77 109. Required contents of surrogacy arrangement1 (1) For the purposes of section 108(1)(b), a surrogacy arrangement2 must provide for the following matters —3 (a) the surrogate’s agreement —4 (i) to become, or try to become, pregnant; and5 (ii) to carry and give birth to a child of the6 pregnancy; and7 (iii) for each intended parent to be a parent of, and to8 raise, the child;9 (b) each intended parent’s agreement —10 (i) to be a parent of, and to raise, a child of the11 pregnancy; and12 (ii) to pay or reimburse the surrogate’s reasonable13 surrogacy expenses that are specified in the14 arrangement;15 (c) any prescribed matter.16 Note for this subsection:17 For the purposes of paragraph (b)(ii) — a surrogate’s surrogacy18 expenses paid or reimbursed under a surrogacy arrangement may19 affect whether the arrangement is for reward: see section 106.20 (2) Subsection (1) does not limit the matters that may be included in21 a surrogacy arrangement.22 110. Limited enforcement of surrogacy arrangement23 (1) A surrogacy arrangement is not enforceable except to the extent24 that the arrangement provides for an obligation to pay or25 reimburse surrogacy expenses.26 (2) Subsection (1) does not affect the ability of the Family Court to27 consider a surrogacy arrangement in making a parentage order.28

Assisted Reproductive Technology and Surrogacy Bill 2025 Part 6 Surrogacy Division 3 Relationship plans s. 111 page 78 111. Entering surrogacy arrangement for reward prohibited1 A person must not enter into, or participate in, a surrogacy2 arrangement for reward.3 Penalty: imprisonment for 2 years and a fine of $50 000.4 112. Recruiting surrogates5 (1) A person or couple who intend to enter into a surrogacy6 arrangement as an intended parent or intended parents may7 recruit a person to be a surrogate for a surrogacy arrangement8 that is not for reward, and may advertise for that purpose.9 (2) A licensee may recruit a person to be a surrogate for a surrogacy10 arrangement that is not for reward, and may advertise for that11 purpose.12 Note for this section:13 See section 106 for when a surrogacy arrangement is for reward.14 Division 3 — Relationship plans15 113. What is a relationship plan16 (1) A relationship plan is a written plan, agreed to by the parties to17 a surrogacy arrangement, that —18 (a) is prepared in anticipation of a parentage order being19 made for a child born, or to be born, under the20 arrangement; and21 (b) sets out the parties’ intentions about —22 (i) whether the child and the child’s intended23 parents are to have an ongoing relationship with24 the surrogate or another person after the25 parentage order is made; and26 (ii) if so, matters relating to the ongoing relationship27 or relationships.28

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Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.