WA Fines or Jail for Cloning and Unallowed Embryos, Ban on Surrogacy Payments, and New Birth Info Rights for ART-Born People

Assisted Reproductive Technology and Surrogacy Bill 2025

3 Dec 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

assisted reproduction assisted reproductive technology embryo research genetic testing healthcare human cloning medical ethics patient privacy public health reproductive rights surrogacy +6 more

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Bans paid surrogacy arrangements; only reasonable expenses can be paid
Makes it a crime to clone a living or deceased human
Creating an embryo is a crime unless it is done by a licensee for the sole purpose of achieving a pregnancy
Bans licensees from using genetic testing to choose the sex of an embryo unless there is a medical reason
Bans licensees from using reproductive material from people under 18
Requires a medical practitioner to certify a person is fit before they undergo an ART procedure
Makes it an offence for licensees to use unqualified supervisors for ART procedures
Bans the disclosure of personal information held by licensees without consent
People using assisted reproductive technology (ART) services cannot give false or misleading identity, personal, or health information to a licensee
Licensees cannot import or export embryos or reproductive material if it would likely result in more than five families worldwide being created from that material, unless the Board approves it
Licensees cannot use a dead person's reproductive material or embryos for a surviving partner unless the dead person consented, the Board approved it, and a doctor certified the procedure is appropriate
People born through ART procedures can access information about their birth parents and donors once they turn 16

The Debate

What different members said when this bill was debated:

Matthew Swinbourn ALP

“I move: That the bill be now read a second time. It is clear that there is overwhelming support within the Western Australian community for this bill today to reform laws that will enable all members of our community to start their family, regardless of sexual orientation, sex, gender identity or relationship status.”

Official source →

Meredith Hammat ALP

“I move: That the bill be now read a second time. It is clear that there is overwhelming support within the Western Australian community for this bill today to reform laws that will enable all members of our community to be able to start their family, regardless of sexual orientation, sex, gender identity or relationship status.”

Official source →