Western Australia's long-awaited overhaul of its surrogacy and assisted reproductive technology laws has cleared a major parliamentary hurdle, passing the Upper House after an emotional and lengthy debate.
Historic Vote Ends Decades-Old Restrictions
The legislation passed the Legislative Council just before 4pm on Wednesday, 3 December 2025, with a final tally of 22 votes to 12. The moment was met with a smattering of applause from the public gallery, marking a significant step for advocates who have campaigned for change since the laws were first promised in 2017.
The amended bill, which is set to be passed by the Legislative Assembly tonight, introduces sweeping reforms. It removes the outdated requirement for intended parents to demonstrate medical infertility. Critically, it opens up altruistic surrogacy arrangements to same-sex male couples, single men, and transgender people, groups previously excluded under the old framework.
A Conscious Vote Reveals Divergent Views
Both major parties allowed a conscience vote on the sensitive issue. The only Labor MP to vote against the legislation was Kate Doust, who expressed concerns about the rights of donor-conceived children and safeguards for surrogates.
"Every single person has the right to know where they come from," Ms Doust stated during the debate. "I think we're making it tougher for these people being born of these circumstances... I think that that will be an issue that will come back, perhaps, to haunt us at a later date."
Liberal MLC Michelle Hofmann also voiced criticism, arguing that a promised "respectful" debate was not fully extended to those opposed to the changes.
Minister Hails a More Inclusive Future for Families
Environment Minister Matthew Swinbourn, who championed the bill, celebrated the result. He praised the "collegiality and civility" of the debate and emphasised the bill's importance after being thoroughly reviewed.
"What is very important is that those people in our community, regardless of those factors, that wish to make a family and have a family, are able to do so," Minister Swinbourn said. "I'd like to express my wholehearted support for what this bill can do for them going into the future."
The reforms are a direct response to a 2019 independent review that found WA's reproductive technology laws were "discriminatory" and 25 years out of date. For people like father-of-two Paul Hadfield-Jia, who was forced to travel overseas to start his family, the current laws were "cruel and barbaric." He has described the legislative overhaul as "truly monumental."
The bill also extends provisions for future family planning and strengthens parental rights for donor-conceived children, aiming to create a more modern and equitable legal framework for all Western Australians seeking to build a family.
