Assisted Reproductive Technology and Surrogacy Bill 2025
Births, Deaths and Marriages Registration Act 1998 amended Part 15
s. 312
page 187
312. Section 25A inserted1
After section 25 insert:2
3
25A. WA order: child born outside Australia4
(1) In this section —5
ancillary order means an order made by the Family6
Court under the Assisted Reproductive Technology and7
Surrogacy Act 2025 section 122.8
(2) This section applies if —9
(a) the Registrar receives a notice under the10
Assisted Reproductive Technology and11
Surrogacy Act 2025 section 140(1) in relation12
to the making or discharge of a parentage order;13
and14
(b) the information provided in the notice states15
that the child was born in a place outside16
Australia.17
(3) The Registrar must register the making or discharge of18
the parentage order in accordance with the information19
provided in the notice.20
(4) If an ancillary order, made in relation to the parentage21
order, orders that the birth of the child be registered in22
this State, the Registrar must register the child’s birth23
in accordance with the information provided in the24
notice and any other information relevant to the child25
provided to the Registrar under the Assisted26
Reproductive Technology and Surrogacy Act 202527
section 140.28
29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 15 Births, Deaths and Marriages Registration Act 1998 amended
s. 313
page 188
313. Section 26 amended1
(1) In section 26(1)(a) delete “adoption order or parentage order”2
and insert:3
4
order, substantially similar in effect to an adoption order or a5
parentage order,6
7
(2) Delete section 26(2).8
314. Section 26A inserted9
After section 26 insert:10
11
26A. Notes about surrogacy in Register12
(1) In this section —13
corresponding order means an order substantially14
similar in effect to a parentage order, made under a law15
in force in another State.16
(2) This section applies if —17
(a) under section 24(2), 25(2A), 25A or 26, the18
Registrar is required to register information in19
relation to a child because of the making of a20
parentage order or a corresponding order; and21
(b) the child’s birth is registered in this State.22
(3) The Registrar must include, in the entry about the23
child’s birth in the Register, a note indicating that the24
child was born under a surrogacy arrangement.25
(4) The Registrar must remove the note from the Register26
if —27
(a) the Registrar receives a notice under the28
Assisted Reproductive Technology and29
Assisted Reproductive Technology and Surrogacy Bill 2025
Births, Deaths and Marriages Registration Act 1998 amended Part 15
s. 315
page 189
Surrogacy Act 2025 section 140(1) in relation1
to the discharge of the parentage order; or2
(b) the corresponding order is discharged under a3
law in force in another State.4
5
315. Section 28 amended6
In section 28:7
(a) delete “Surrogacy Act 2008 section 39” and insert:8
9
Assisted Reproductive Technology and Surrogacy10
Act 2025 section 145(2)11
12
(b) in paragraph (b) delete “Surrogacy Act 2008,” and13
insert:14
15
Assisted Reproductive Technology and Surrogacy16
Act 2025,17
18
316. Section 40 amended19
In section 40(5) delete “the Commonwealth” and insert:20
21
Australia22
23
317. Section 52 amended24
In section 52 delete “sections 18” and insert:25
26
sections 18, 18A27
28
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 15 Births, Deaths and Marriages Registration Act 1998 amended
s. 318
page 190
318. Section 57 amended1
After section 57(3) insert:2
3
(4) A birth certificate must not indicate that a person was4
born as the result of an ART procedure or through5
surrogacy.6
7
319. Section 57A inserted8
After section 57 insert:9
10
57A. Certain people to be advised about further11
information relating to their birth12
(1) This section applies if —13
(a) the Registrar issues a birth certificate to a14
person who is 16 years of age or older; and15
(b) the entry about the birth of the person in the16
Register includes a note indicating that either or17
both of the following circumstances apply to18
the person —19
(i) the person is a donor-conceived person;20
(ii) the person was born under a surrogacy21
arrangement.22
(2) The Registrar must give to the person written notice23
that further information regarding the person’s birth24
may be available from —25
(a) if the person is a donor-conceived person — the26
chief executive officer of the department27
principally assisting in the administration of the28
Assisted Reproductive Technology and29
Surrogacy Act 2025; or30
Assisted Reproductive Technology and Surrogacy Bill 2025
Births, Deaths and Marriages Registration Act 1998 amended Part 15
s. 320
page 191
(b) if the person was born under a surrogacy1
arrangement — the Registrar.2
(3) However, subsection (2)(b) does not apply in relation3
to a person born under a surrogacy arrangement if the4
person is a donor-conceived person.5
6
320. Section 66 amended7
In section 66(2) delete “An action in tort does not lie against a8
protected person” and insert:9
10
A protected person does not incur civil liability11
12
321. Section 68 amended13
(1) In section 68(2A) delete “the Surrogacy Act 2008” and insert:14
15
a parentage order16
17
(2) In section 68(2)(b) delete “Surrogacy Act 2008” and insert:18
19
Assisted Reproductive Technology and Surrogacy Act 202520
21
Note : The heading to amended section 68 is to read:22
Some effects of adoption and surrogacy23
Note : The heading to section 27 is to read:24
Manner and form of adoption and parentage information in25
Register26
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 16 Human Tissue and Transplant Act 1982 amended
s. 322
page 192
Part 16 — Human Tissue and Transplant Act 19821
amended2
322. Act amended3
This Part amends the Human Tissue and Transplant Act 1982.4
323. Section 3 amended5
(1) In section 3(1) delete the definitions of:6
human egg7
human embryo8
human sperm9
(2) In section 3(1) insert in alphabetical order:10
11
embryo has the meaning given in the Assisted12
Reproductive Technology and Surrogacy Act 202513
section 9(3);14
reproductive material has the meaning given in the15
Assisted Reproductive Technology and Surrogacy16
Act 2025 section 9(1) and (2);17
18
324. Section 6 amended19
(1) In section 6 delete “a human embryo, human sperm or a human20
egg.” and insert:21
22
reproductive material or an embryo.23
24
Assisted Reproductive Technology and Surrogacy Bill 2025
Human Tissue and Transplant Act 1982 amended Part 16
s. 325
page 193
(2) At the end of section 6 insert:1
2
Note for this section:3
The Assisted Reproductive Technology and Surrogacy4
Act 2025 regulates the donation of reproductive material5
and embryos.6
7
325. Section 21A replaced8
Delete section 21A and insert:9
10
21A. Application of Part11
Nothing in this Part applies to the removal of tissue12
from the body of a deceased person for the purpose13
of —14
(a) the practice of anatomy under the Anatomy15
Act 1930; or16
(b) being used to conceive or create an embryo.17
18
326. Part 3A inserted19
After section 24A insert:20
21
Part 3A — Removal of reproductive material22
after death23
24B. Purpose24
This Part deals with the requirements for the removal25
of tissue from the body of a deceased person for the26
purpose of being used to conceive or create an embryo.27
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 16 Human Tissue and Transplant Act 1982 amended
s. 326
page 194
24C. Term used: licensee1
In this Part —2
licensee has the meaning given in the Assisted3
Reproductive Technology and Surrogacy Act 20254
section 6.5
24D. Designated officer may authorise removal of6
reproductive material from bodies in hospital7
(1) This section applies if a person dies in a hospital or the8
body of a deceased person is brought into a hospital.9
(2) Subject to subsection (3), a designated officer for the10
hospital may authorise the removal of reproductive11
material from the body of the deceased person if —12
(a) consent to the removal of the reproductive13
material is obtained from —14
(i) the spouse or de facto partner of the15
deceased person; or16
(ii) in the case that the deceased person’s17
spouse or de facto partner is not18
available, the senior available next of19
kin of the deceased person;20
and21
(b) the designated officer is satisfied that the22
reproductive material is to be transferred to a23
licensee for storage.24
(3) A designated officer must not authorise the removal of25
reproductive material from the deceased person if —26
(a) the deceased person died while under the age of27
18 years; or28
Assisted Reproductive Technology and Surrogacy Bill 2025
Human Tissue and Transplant Act 1982 amended Part 16
s. 326
page 195
(b) the designated officer has reason to believe that1
the deceased person had expressed an objection2
to the removal of reproductive material from3
their body after death.4
24E. Medical practitioners’ declaration required in cases5
of artificial respiration and blood circulation6
(1) This section applies if —7
(a) a designated officer for a hospital proposes to8
authorise the removal of reproductive material9
from the body of a deceased person under10
section 24D; and11
(b) the respiration and circulation of the blood of12
the deceased person are being maintained by13
artificial means.14
(2) The designated officer must not authorise the removal15
of reproductive material from the deceased person16
unless 2 medical practitioners have, after each carrying17
out a clinical examination of the person, declared that18
irreversible cessation of all function of the brain of the19
deceased person has occurred.20
(3) For the purposes of subsection (2) —21
(a) each medical practitioner must have been a22
medical practitioner for a period of not less23
than 5 years; and24
(b) at least 1 of the medical practitioners must hold25
specialist qualifications in general medicine,26
neurology or neurosurgery or such other27
qualifications as are accepted by the Chief28
Health Officer.29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 16 Human Tissue and Transplant Act 1982 amended
s. 326
page 196
(4) For the purposes of subsection (3)(a), any period1
during which a medical practitioner practised as a2
medical practitioner, however described, under the law3
in force in a country outside Australia must be taken4
into account in calculating the period of 5 years5
referred to in that subsection.6
24F. Coroner’s consent to removal of reproductive7
material in case of reportable death8
(1) If the designated officer for a hospital has reason to9
believe that the death of a person is or may be a10
reportable death, the designated officer must not, under11
section 24D, authorise the removal of reproductive12
material from the body of the deceased person unless13
the coroner has given consent to the removal.14
(2) A coroner may give a direction, either before or after15
the death of a person, that the coroner’s consent to the16
removal of reproductive material from the body of the17
person after the death of the person is not required and,18
in that event, subsection (1) does not apply in relation19
to the removal of tissue from the body of the person.20
(3) A consent or direction by a coroner under this section21
may be expressed to be subject to such conditions as22
are specified in the consent or the direction.23
(4) A consent or direction by a coroner under this section24
may be given orally by a coroner, and if so given, must25
be confirmed in writing.26
27
Assisted Reproductive Technology and Surrogacy Bill 2025
Human Tissue and Transplant Act 1982 amended Part 16
s. 327
page 197
327. Section 29 replaced1
Delete section 29 and insert:2
3
29. Part does not apply to trading regulated under4
Assisted Reproductive Technology and Surrogacy5
Act 20256
This Part does not apply in relation to the sale or7
supply of reproductive material or an embryo.8
Note for this section:9
The Assisted Reproductive Technology and Surrogacy10
Act 2025 section 92 prohibits the supply, or offer of supply,11
of reproductive material and embryos for valuable12
consideration.13
14
328. Section 30A amended15
(1) In section 30A insert in alphabetical order:16
17
excess ART embryo means an embryo that is not18
required for the reproductive purposes (as defined in19
the Assisted Reproductive Technology and Surrogacy20
Act 2025 section 11) of the person or couple for whom21
the embryo was created;22
23
(2) In section 30A in the definition of human embryonic stem cell24
line delete “embryo as defined in section 53T of the Human25
Reproductive Technology Act 1991;” and insert:26
27
embryo;28
29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 16 Human Tissue and Transplant Act 1982 amended
s. 329
page 198
329. Section 33 amended1
(1) After section 33(1)(c) insert:2
3
(ca) remove tissue from the body of a deceased4
person for the purpose of being used to5
conceive or create an embryo except in6
pursuance of an authority that is under Part 3A7
sufficient authority for the person to remove the8
tissue for that purpose; or9
10
(2) Delete section 33(3)(ba).11
(3) After section 33(3) insert:12
13
(4) Subsection (1)(c) does not apply in relation to the14
removal of tissue from the body of a deceased person15
for the purpose of —16
(a) the practice of anatomy under the Anatomy17
Act 1930; or18
(b) being used to conceive or create an embryo.19
20
330. Section 34 amended21
(1) In section 34(2)(d) delete “privileged.” and insert:22
23
privileged; or24
25
(2) After section 34(2)(d) insert:26
27
(e) for the purposes of performing a function under28
Part 3A; or29
Assisted Reproductive Technology and Surrogacy Bill 2025
Human Tissue and Transplant Act 1982 amended Part 16
s. 330
page 199
(f) for the purposes of doing any of the following1
under the Assisted Reproductive Technology2
and Surrogacy Act 2025 —3
(i) providing an ART service as defined in4
section 7 of that Act;5
(ii) performing a function under that Act;6
(iii) maintaining a register under section 967
or 99 of that Act.8
9
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 17 Consequential amendments to other Acts
Division 1 Administration Act 1903 amended
s. 331
page 200
Part 17 — Consequential amendments to other Acts1
Division 1 — Administration Act 1903 amended2
331. Act amended3
This Division amends the Administration Act 1903.4
332. Section 12A amended5
In section 12A(2a) delete “Artificial Conception Act 1985.” and6
insert:7
8
Assisted Reproductive Technology and Surrogacy Act 20259
Part 3 Division 3.10
11
Division 2 — Adoption Act 1994 amended12
333. Act amended13
This Division amends the Adoption Act 1994.14
334. Section 4 amended15
In section 4(1) in the definition of birth parent paragraph (b)16
delete “Artificial Conception Act 1985 section 6A,” and insert:17
18
Assisted Reproductive Technology and Surrogacy Act 202519
section 32(2),20
21
Assisted Reproductive Technology and Surrogacy Bill 2025
Consequential amendments to other Acts Part 17
Adoption Act 1994 amended Division 2
s. 335
page 201
335. Section 4A amended1
In section 4A delete “Part 5 Division 11 Subdivision 3 of the2
Family Court Act 1997” and insert:3
4
the Assisted Reproductive Technology and Surrogacy Act 20255
Part 3 Division 3 and the Family Court Act 1997 Part 56
Division 11 Subdivision 37
8
Note : The heading to amended section 4A is to read:9
Presumptions of parentage in Assisted Reproductive Technology10
and Surrogacy Act 2025 and Family Court Act 1997, when11
applicable12
336. Section 17 amended13
Delete section 17(1)(a)(ii) and insert:14
15
(ii) the child’s father or parent of the child16
under the Assisted Reproductive17
Technology and Surrogacy Act 202518
section 32(2);19
20
337. Section 21 amended21
In section 21(2c) delete “has been named as or has claimed to22
be a child’s parent under section 6A of the Artificial Conception23
Act 1985” and insert:24
25
is or claims to be a child’s parent under the Assisted26
Reproductive Technology and Surrogacy Act 2025 section 32(2)27
28
Note: The heading to amended section 21 is to read:29
Person who may be prospective adoptee’s parent to be notified of30
consent31
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 17 Consequential amendments to other Acts
Division 3 Children and Community Services Act 2004 amended
s. 338
page 202
338. Section 26C amended1
In section 26C(1)(aa) delete “Artificial Conception Act 1985;2
or” and insert:3
4
Assisted Reproductive Technology and Surrogacy Act 20255
Part 3 Division 3; or6
7
Division 3 — Children and Community Services Act 20048
amended9
339. Act amended10
This Division amends the Children and Community Services11
Act 2004.12
340. Section 104 amended13
In section 104(2)(fa) delete “Surrogacy Act 2008,” and insert:14
15
Assisted Reproductive Technology and Surrogacy Act 202516
section 16,17
18
Division 4 — Constitution Acts Amendment Act 1899 amended19
341. Act amended20
This Division amends the Constitution Acts Amendment21
Act 1899.22