7 Important Things To Know About The Proposed 2018 Surrogacy Changes In WA

On 24 August 2018 the Government of Western Australia introduced the Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 (“the Bill”).
The Explanatory Memorandum provides that the Bill will “enable male-same sex couples and single men access to surrogacy”. A few things are worth noting:

  1. The Bill is still a proposal and is not law until approved by Parliament and the State Governor.
  2. If approved in its current form gay couples and single men will have access to altruistic surrogacy in WA.
  3. The legal parents of any children born because of an approved surrogacy will be the gay couple or the single man.
  4. Gay men and single men will be required to have an approved surrogacy agreement and the regulation that entails.
  5. The proposal only related to future surrogacy arrangements.
  6. The current Surrogacy Review will address the issue of legal parentage of existing children born to gay dads.
  7. Reproductive technology will be made available to gay couples and single men.