Assisted Reproductive Technology and Surrogacy Bill 2025
Part 14 Transitional provisions
Division 4 Licensing of assisted reproductive technology services
s. 292
page 174
summary determination means a determination made by the1
CEO under the Human Reproductive Technology Act 19912
section 37(1).3
(2) This section applies if, before commencement day —4
(a) the CEO made a summary determination; and5
(b) the former council advised the CEO about the summary6
determination.7
(3) On or after commencement day, all of the following actions8
may be taken in relation to the summary determination as if the9
Human Reproductive Technology Act 1991 section 37 had not10
been repealed —11
(a) the CEO giving a person notice of, or publishing notice12
of, the summary determination;13
(b) a person consenting to the summary determination;14
(c) a person showing cause as to why effect should not be15
given to the summary determination;16
(d) the CEO giving effect to the summary determination;17
(e) the CEO imposing a warning or penalty relating to the18
summary determination.19
(4) The CEO may make an allegation to the State Administrative20
Tribunal in respect of the summary determination under the21
Human Reproductive Technology Act 1991 section 38.22
(5) For the purposes of making an allegation to the State23
Administrative Tribunal under subsection (4), the Human24
Reproductive Technology Act 1991 section 38(1a) and (1b) do25
not apply.26
(6) The State Administrative Tribunal may take action under the27
Human Reproductive Technology Act 1991 section 40(1a) and28
(2a) as if those subsections had not been repealed.29
Assisted Reproductive Technology and Surrogacy Bill 2025
Transitional provisions Part 14
Surrogacy arrangements Division 5
s. 293
page 175
(7) The ability of the State Administrative Tribunal to take the1
action referred to in subsection (6) is subject to the limitation in2
the Human Reproductive Technology Act 1991 section 40(3)3
despite the repeal of that subsection.4
Division 5 — Surrogacy arrangements5
293. Terms used6
(1) In this Division —7
commencement day means the day on which this section comes8
into operation;9
overseas surrogacy arrangement includes a surrogacy10
arrangement (as defined in the Surrogacy Act 2008 section 3)11
entered into before commencement day under which the12
surrogate lives and the child is to be, or was, born outside13
Australia;14
surrogacy arrangement includes —15
(a) a surrogacy arrangement as defined in the Surrogacy16
Act 2008 section 3; and17
(b) an overseas surrogacy arrangement.18
(2) The definition of surrogacy arrangement in subsection (1)19
applies despite section 16.20
294. Pending parentage orders21
(1) This section applies if, before commencement day —22
(a) a person applied to the Family Court for a parentage23
order under the Surrogacy Act 2008 section 20; and24
(b) the Family Court has neither made, nor refused to make,25
the parentage order.26
(2) On or after commencement day, the Family Court may make, or27
refuse to make, the parentage order under this Act as if the28
parentage order had been applied for under this Act.29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 14 Transitional provisions
Division 5 Surrogacy arrangements
s. 295
page 176
295. Pending applications under Surrogacy Act 20081
(1) This section applies to any of the following applications made2
under the Surrogacy Act 2008, but not decided, before3
commencement day —4
(a) an application for an order discharging a parentage order5
made under section 27(1) of that Act;6
(b) an application for leave to intervene in an application for7
an order discharging a parentage order made under8
section 27(6) of that Act;9
(c) an application for approval to vary an approved plan10
made under section 30(1) of that Act;11
(d) an application for an order excluding a person from12
having access to information made under section 36(1)13
of that Act;14
(e) an application for access to all or part of the record of15
court proceedings made under section 37(2), 40(4)16
or 41(4) of that Act.17
(2) The application may be decided under the Surrogacy Act 200818
as if that Act had not been repealed.19
296. Continuing court orders20
(1) This section applies if —21
(a) the Family Court made an order under the Surrogacy22
Act 2008 before commencement day; and23
(b) the order was in force immediately before24
commencement day.25
(2) The order continues in force and is taken to have been made26
under this Act.27
Assisted Reproductive Technology and Surrogacy Bill 2025
Transitional provisions Part 14
Surrogacy arrangements Division 5
s. 297
page 177
297. Application for parentage order for child born before1
commencement day2
(1) This section applies if a surrogate gave birth to a child before3
commencement day, regardless of whether the child is under, or4
has reached, 18 years of age.5
(2) Despite section 119(2)(b), an application for a parentage order6
for the child may be made under section 119(1) during the7
period of 6 months after commencement day.8
(3) Subsection (2) does not affect section 119(2)(a).9
Note for this subsection:10
Section 119(2)(a) provides that an application for a parentage order for11
a child cannot be lodged during the 28 days after the day on which the12
child is born.13
(4) Subsection (2) applies regardless of whether —14
(a) a parentage order, or an application for a parentage15
order, could be made for the child under the Surrogacy16
Act 2008; or17
(b) an application for a parentage order for the child made18
under the Surrogacy Act 2008 was refused by the19
Family Court.20
298. Making parentage order: child born under local surrogacy21
arrangement before commencement day22
(1) In this section —23
local surrogacy arrangement means a surrogacy arrangement24
other than an overseas surrogacy arrangement.25
(2) Section 131 applies in relation to a child born under a local26
surrogacy arrangement before commencement day, regardless27
of whether the surrogacy is for reward (as defined in28
section 106).29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 14 Transitional provisions
Division 6 Other transitional provisions
s. 299
page 178
299. Making parentage order: certain surrogacy arrangements1
(1) This section applies in relation to a child born —2
(a) under an overseas surrogacy arrangement entered into3
before commencement day; and4
(b) before the 2nd anniversary of commencement day5
(including before or on commencement day).6
(2) In deciding whether to make a parentage order for the child7
under section 120, the court may dispense with a requirement of8
section 120, other than a requirement of section 120(1)(a) or (c),9
if the court is satisfied that doing so is in the best interests of the10
child.11
Division 6 — Other transitional provisions12
300. Existing registers13
(1) This section applies in relation to information the CEO was14
required to keep in a register under the Human Reproductive15
Technology Act 1991 section 45(1)(a).16
(2) If, after commencement day, the information would be17
information the CEO is required to keep in the register of18
identity, the information is taken to be information contained in19
the register of identity.20
(3) If, after commencement day, the information would be21
information the CEO is required to keep in the register of ART22
procedures, the information is taken to be information contained23
in the register of ART procedures.24
301. Western Australian Reproductive Technology Council25
abolished26
On commencement day, the Western Australian Reproductive27
Technology Council established under the repealed Human28
Reproductive Technology Act 1991 is abolished and the29
members of the council go out of office.30
Assisted Reproductive Technology and Surrogacy Bill 2025
Transitional provisions Part 14
Other transitional provisions Division 6
s. 302
page 179
302. Transitional regulations1
(1) In this section —2
publication day, in relation to transitional regulations, means3
the day on which the transitional regulations are published in4
accordance with the Interpretation Act 1984 section 41(1)(a);5
repealed law means each written law repealed by section 274 as6
in force immediately before its repeal;7
transitional matter —8
(a) means a matter or issue of a transitional nature that9
arises as a result of —10
(i) the repeal of a repealed law; or11
(ii) the enactment and coming into operation of this12
Act;13
and14
(b) includes a matter or issue of a savings or application15
nature;16
transitional regulations means regulations made for the17
purposes of subsection (2).18
(2) If there is not sufficient provision in this Part for dealing with a19
transitional matter, regulations may prescribe anything required,20
necessary or convenient to be prescribed in relation to that21
matter.22
(3) Without limiting subsection (2), transitional regulations may23
provide that —24
(a) specified provisions of this Act —25
(i) do not apply in relation to a specified matter; or26
(ii) apply with specified modifications to or in27
relation to a specified matter;28
and29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 14 Transitional provisions
Division 6 Other transitional provisions
s. 302
page 180
(b) specified provisions of a repealed law continue to apply1
(with or without specified modifications) to, or in2
relation to, a specified matter as if a repealed law were3
not repealed.4
(4) Transitional regulations cannot be made after the end of the5
period of 2 years beginning on commencement day.6
(5) If transitional regulations provide that a state of affairs is taken7
to have existed, or not to have existed, on and from a day that is8
earlier than publication day, but not earlier than commencement9
day, the regulations have effect according to their terms.10
(6) If transitional regulations contain a provision referred to in11
subsection (5), the provision does not operate so as to —12
(a) affect in a manner prejudicial to any person (other than13
the State or an authority of the State), the rights of that14
person existing before publication day; or15
(b) impose liabilities on any person (other than the State or16
an authority of the State) in respect of anything done or17
omitted to be done before publication day.18
Assisted Reproductive Technology and Surrogacy Bill 2025
Births, Deaths and Marriages Registration Act 1998 amended Part 15
s. 303
page 181
Part 15 — Births, Deaths and Marriages Registration1
Act 1998 amended2
303. Act amended3
This Part amends the Births, Deaths and Marriages Registration4
Act 1998.5
304. Section 4 amended6
(1) In section 4 delete the definition of birth registration statement.7
(2) In section 4 insert in alphabetical order:8
9
adoption order has the meaning given in the Adoption10
Act 1994 section 4(1);11
ART procedure has the meaning given in the Assisted12
Reproductive Technology and Surrogacy Act 202513
section 8;14
birth certificate, in relation to a person, means a15
certificate issued under section 57(1)(a) certifying16
particulars contained in an entry about the birth of the17
person;18
birth registration statement has the meaning given in19
section 14(1);20
donor-conceived person has the meaning given in the21
Assisted Reproductive Technology and Surrogacy22
Act 2025 section 6;23
parentage order has the meaning given in the Assisted24
Reproductive Technology and Surrogacy Act 202525
section 116(2)(a);26
surrogacy arrangement has the meaning given in the27
Assisted Reproductive Technology and Surrogacy28
Act 2025 section 16.29
30
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 15 Births, Deaths and Marriages Registration Act 1998 amended
s. 305
page 182
(3) In section 4 in the definition of registrable event delete “order1
as defined in the Surrogacy Act 2008 section 14;” and insert:2
3
order;4
5
(4) In section 4 in the definition of still-born child delete “birth.”6
and insert:7
8
birth;9
10
305. Section 13 amended11
In section 13(5) delete “the Commonwealth,” and insert:12
13
Australia,14
15
306. Section 14 amended16
(1) In section 14:17
(a) delete “A person” and insert:18
19
(1) A person20
21
(b) delete “ “birth registration statement”)” and insert:22
23
birth registration statement)24
25
Assisted Reproductive Technology and Surrogacy Bill 2025
Births, Deaths and Marriages Registration Act 1998 amended Part 15
s. 307
page 183
(2) At the end of section 14 insert:1
2
(2) The approved form for a birth registration statement3
must require the person completing the form to indicate4
whether or not the child whose birth is to be registered5
is a donor-conceived person.6
(3) If a birth registration statement indicates that the child7
whose birth is to be registered is a donor-conceived8
person, the person completing the form must provide9
evidence to establish to the Registrar’s satisfaction that10
the child is a donor-conceived person.11
12
307. Section 17A inserted13
After section 17 insert:14
15
17A. Registration of birth of donor-conceived person16
(1) This section applies if —17
(a) the Registrar registers a birth under18
section 17(1); and19
(b) the relevant birth registration statement20
indicates that the child whose birth is registered21
is a donor-conceived person.22
(2) If the Registrar is satisfied that the child whose birth is23
registered is a donor-conceived person, the Registrar24
must include, in the entry about the birth in the25
Register, a note indicating that the child is a26
donor-conceived person.27
28
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 15 Births, Deaths and Marriages Registration Act 1998 amended
s. 308
page 184
308. Section 18A inserted1
After section 18 insert:2
3
18A. Registration of deceased parent if child born4
through posthumous use of reproductive material5
or embryo6
(1) In this section —7
embryo has the meaning given in the Assisted8
Reproductive Technology and Surrogacy Act 20259
section 9(3);10
intended parent has the meaning given in the Assisted11
Reproductive Technology and Surrogacy Act 202512
section 14;13
reproductive material has the meaning given in the14
Assisted Reproductive Technology and Surrogacy15
Act 2025 section 9(1) and (2);16
surviving partner has the meaning given in the17
Assisted Reproductive Technology and Surrogacy18
Act 2025 section 6.19
(2) This section applies if —20
(a) the surviving partner of a deceased person is21
the birth parent of a child born as the result of22
an ART procedure that involved the23
posthumous use of —24
(i) the deceased person’s reproductive25
material; or26
(ii) an embryo created with the deceased27
person’s reproductive material; or28
(iii) an embryo of which the deceased person29
was an intended parent;30
and31
Assisted Reproductive Technology and Surrogacy Bill 2025
Births, Deaths and Marriages Registration Act 1998 amended Part 15
s. 308
page 185
(b) the surviving partner does either of the1
following —2
(i) includes the deceased person as a parent3
of the child in the birth registration4
statement lodged under section 14(1);5
(ii) applies to the Registrar to include the6
deceased person as a parent of the child7
as additional registrable information8
under section 19(1).9
(3) The Registrar must not register the deceased person as10
the child’s parent in the Register unless satisfied that11
approval for the posthumous use was granted under the12
Assisted Reproductive Technology and Surrogacy13
Act 2025 section 83(4) or a written law of another14
jurisdiction that regulates the posthumous use.15
(4) Subsection (3) does not apply if the surviving partner16
satisfies the Registrar that the approval mentioned in17
that subsection was not required for the posthumous18
use.19
(5) The Registrar may include, in the entry about the20
child’s birth in the Register, a note indicating that the21
child is a donor-conceived person if the Registrar is —22
(a) prevented under this section from registering23
the deceased person as the child’s parent; and24
(b) satisfied that the child was born as the result of25
an ART procedure that involved the26
posthumous use of the deceased person’s27
reproductive material or an embryo created28
with the deceased person’s reproductive29
material.30
31
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 15 Births, Deaths and Marriages Registration Act 1998 amended
s. 309
page 186
309. Section 19 amended1
In section 19(1) delete “section 18,” and insert:2
3
sections 18 and 18A,4
5
310. Section 24 amended6
In section 24(2) delete “section 32(1) of the Surrogacy7
Act 2008” and insert:8
9
section 140(1) of the Assisted Reproductive Technology and10
Surrogacy Act 202511
12
311. Section 25 amended13
In section 25(2A):14
(a) delete “section 32(1) of the Surrogacy Act 2008” and15
insert:16
17
section 140(1) of the Assisted Reproductive Technology18
and Surrogacy Act 202519
20
(b) in paragraph (b) delete “under section 32 of that Act.”21
and insert:22
23
in the notice.24
25