WA Surrogacy Law Update: Nobody Knows When it Starts

If you’ve been waiting for Western Australia’s new surrogacy and fertility laws to take effect, you’re not alone—and the honest answer right now is: nobody knows exactly when they will.

In this short update, Stephen Page, Director at Page Provan Family & Fertility Lawyers, breaks down where things stand with Western Australia’s Assisted Reproductive Technology and Surrogacy Act, and what it means for intended parents, surrogates, and fertility clinics in WA.

What Has Happened So Far

Western Australia’s Assisted Reproductive Technology and Surrogacy Act passed Parliament in December 2024 and received Royal Assent just before Christmas. It represents a significant overhaul of both IVF industry regulation and surrogacy law in WA—two areas that had long been overdue for reform.

The WA Government announced an 18-month rollout period, which puts the expected implementation window at around July 2027. However, the regulations that will give the Act its practical effect are still being drafted, and there is currently no clear or confirmed timeline for when specific provisions will commence.

The Frustrating Reality

As Stephen puts it plainly:

“I don’t know, and seemingly nor does anyone else.”

That’s not a criticism—it’s simply the reality of where the process sits right now. The Act has passed, but without the supporting regulations in place, key provisions cannot commence. Until the regulations are finalised and commencement dates are set, both the IVF industry and those planning surrogacy in WA are in a holding pattern.

This matters for:

• Intended parents planning a surrogacy journey in Western Australia
• Surrogates and their partners who want to understand their rights and obligations under the new framework
• Fertility clinics and IVF providers in WA preparing for new regulatory requirements
• Legal practitioners advising clients on WA fertility and surrogacy matters

What to Do in the Meantime

If you are planning a surrogacy journey or fertility treatment in Western Australia, the current position is that the existing laws remain in force until the new Act and its regulations formally commence. It is important not to assume the new rules apply yet.

Stephen’s advice is clear: stay informed, check back for updates as the regulations are developed, and seek expert legal advice tailored to your specific circumstances.

For official information on WA legislation, you can refer to the Western Australian Legislation website for updates on the Act and any commencement notices as they are published.

What the New Act Will Change

When it does take effect, the Assisted Reproductive Technology and Surrogacy Act is expected to bring significant changes to:

• IVF industry regulation in Western Australia, including new oversight and compliance requirements for fertility clinics
• Surrogacy law, updating the framework that governs both altruistic surrogacy arrangements and the legal process for establishing parentage

More detailed updates will follow as the regulations are released and commencement dates are confirmed. Subscribe to the Page Provan YouTube channel for updates as they happen.

About Stephen Page

Stephen Page is widely regarded as Australia’s leading surrogacy lawyer. Director of Page Provan Family & Fertility Lawyers in Brisbane, Stephen has been advising clients on surrogacy matters since his first surrogacy case in 1988—making him the most experienced surrogacy lawyer in the country.

A Queensland Law Society Accredited Family Law Specialist since 1996, Stephen has appeared in surrogacy matters in courts across Queensland, New South Wales, Victoria, and South Australia—the only lawyer in Australia to have done so. He is a Fellow of the International Academy of Family Lawyers and a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys, and serves as an international representative on the Assisted Reproductive Technology Committee of the American Bar Association.

Stephen has advised in over 2,000 surrogacy journeys across Australia and internationally, spanning 39 countries. He is the author of When Not If: Surrogacy for Australians (2022) and International Assisted Reproductive Technology (2024), and presents at conferences around the world on surrogacy and fertility law.

If you are considering surrogacy or fertility treatment in Western Australia—or anywhere in Australia—contact Stephen Page and the team at Page Provan for expert, experienced advice.