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