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
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