WA ARTS Bill 2025 – What You Need to Know
The Western Australian Government has introduced the Assisted Reproductive Technology and Surrogacy Bill 2025 (ARTS Bill). If passed, the legislation will:
• Remove the requirement to demonstrate medical infertility to access IVF treatments
• Expand access to IVF and surrogacy for single adults and same-sex couples
Update – 26 November 2025
Last week, Parliament considered several amendments aimed at introducing basic safeguards for women and children. Every one of these amendments was voted down, and a final vote to pass this Bill is expected in the Upper House next week.
The amendments that failed included:
• Introducing background checks for anyone seeking to procure a child through surrogacy
• Requiring itemised expense records to prevent commercial arrangements
• Raising the minimum age of a surrogate from 18 to 25
- Require the medical suitability assessment of surrogate be independent of commissioning party and financial beneficiaries of surrogacy process.
Why This Matters
Over the past five decades, research has increasingly shown that children generally do best when raised by both a mother and a father. The primary consideration in any family policy must be the best interests of children, not only the wishes of adults seeking to become parents.
What Is Surrogacy?
Surrogacy is an arrangement where a woman becomes pregnant with the intention of relinquishing the child to another person or couple at birth.
There are two forms:
Altruistic surrogacy – No payment or reward is made to the surrogate apart from reimbursed expenses
Commercial surrogacy – Involves additional financial payment or reward – this will remain illegal under the ARTS Bill
Positive Inclusion
The Bill includes one overdue reform: Donor-conceived people will be granted access to information about their genetic origins – regardless of when they were conceived. This is important for health decisions, family awareness and long-term wellbeing.[1]
Key Concerns
Surrogacy raises complex ethical and human rights concerns and may be inconsistent with Australia’s international obligations, including the Declaration of the Rights of the Child.
There have been cases — within Australia and internationally — where commissioning parents were later found to have abused or exploited children acquired through surrogacy arrangements.
The ARTS Bill also does not include background check for intended parents. While a WWCC would not address every risk, it is a simple and effective layer of protection against people already identified as unsafe that is required in all foster care, adoption and childcare settings — yet it is notably absent from this legislation.
Concerns have also been raised about the potential for:
• Treating babies as commodities
• Economic pressure and exploitation of vulnerable women
• Ongoing welfare implications, as single-parent surrogacy arrangements may lead to increased access to taxpayer-funded parenting payments and subsidies
What Happens Next?
The Australian Law Reform Commission (ALRC) is currently conducting a national review of surrogacy laws, due to report in mid-2026. It is notable that the WA Government has chosen to proceed with this ARTS Bill before that review has concluded.
[1] https://www.health.wa.gov.au/Articles/N_R/New-assisted-reproductive-technology-and-surrogacy-legislation-for-WA
