WA Government to introduce Bill that will finally allow gay men access to altruistic surrogacy

12 August, 2025 – National and local LGBTIQ+ group are calling on WA parliament to pass the Cook Government’s long-awaited surrogacy Bill that will finally reform the state’s outdated and discriminatory laws. 

Western Australia is the only jurisdiction in the country that still prohibits altruistic surrogacy for gay couples and single men. 

It also prevents potential parents from using IVF unless they have reproductive health issues. 

The WA Government on Tuesday announced it would introduce a Bill that will enable everyone to access ART and surrogacy, regardless of their gender, sexual orientation, or relationship status.

Equality Australia CEO Anna Brown:

“WA has some of the most outdated and discriminatory laws in the country.

“Gay couples have to travel interstate or overseas just to start a family — leaving behind their jobs, support networks and spending enormous sums of money — all while their children are denied the basic right of legal recognition for both parents.

“There is more work to do but this Bill is a good first step, and it’s high time WA’s laws were brought into line with the rest of Australia.

“For many couples, the dream of starting a family has been meant years of waiting, heartache and uncertainty. We urge every MP in parliament to support this Bill and help give these couples a chance at the family they’ve been hoping for.” 

Paul Hadfield-Jia, from Gay Dads WA: 

“This is a monumental day in Western Australia’s history.

“More Western Australians will now be able to create their families safely, legally and with pride and dignity.

“For too long, outdated legislation has forced many families to pursue international surrogacy arrangements. These are often emotionally and financially burdensome, place families at risk, and deny children the full legal recognition of both their parents.

“We call on every member of parliament to stand up, support these changes and vote to pass this family-creating legislation into law.”

Rainbow Families Executive Office Ashley Scott:

“We welcome reforms that ensure that everyone is treated equally under the law, removing outdated and discriminatory restrictions on surrogacy that have been driving gay men overseas as the only option to have a child of their own.”

Rainbow Futures WA CEO Misty Farquhar:

“These reforms will remove outdated restrictions, provide greater clarity and support for all families, and make it easier for people to access surrogacy and ART services regardless of gender, sexuality, or relationship status.

“The legislation recognises the diversity of families in WA and ensures that everyone has the opportunity to create a family in a safe, supportive, and legally secure way.

“These changes mark an important step towards reproductive rights and LGBTIQA+ inclusion in the state.” 

Media contact: Tara Ravens 0408 898 154