Assisted Reproductive Technology and Surrogacy Bill 2025
Part 1 Preliminary
Division 3 Interpretation
s. 9
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(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
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(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
Section retrieval-0003 - Assisted Reproductive Technology and Surrogacy Bill 2025 - Document excerpt 3 | Zoe
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
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Part 1 Preliminary
Division 3 Interpretation
s. 16
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(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
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Preliminary Part 1
Interpretation Division 3
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(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
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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
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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
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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
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(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
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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