WA surrogacy parents: register now for parentage orders

Western Australians who have had a child through surrogacy, whether in Western Australia, elsewhere in Australia or overseas, may soon have an important opportunity to obtain legal recognition as parents.

The Western Australian Government is seeking registrations from past surrogacy parents who do not have a parentage order. This is particularly significant for families who were previously unable to obtain an order, including those who may have been refused one under the current law.

With the commencement of the Assisted Reproductive Technology and Surrogacy Act expected in mid 2027, there is a strong push to enable more children and intended parents to be recognised under Western Australian law. However, the opportunity will not remain open indefinitely. A six month sunset period is expected to apply.

Why the WA Government is Asking Surrogacy Parents to Register

For some Western Australian families created through surrogacy, legal parentage has not matched the reality of family life. A child may have lived with and been cared for by their intended parents from birth, yet those parents may not have a WA parentage order.

That can happen for a range of reasons. The surrogacy arrangement may have occurred overseas or interstate. It may have been undertaken at a time when the law did not provide a workable pathway. In some cases, an application for a parentage order may previously have been refused.

The proposed legislative changes are intended to improve recognition for families who have fallen through those gaps. Once the new framework commences, affected parents may be able to apply to the Family Court of Western Australia for a parentage order.

Registration is the practical first step. The Government wants to understand how many families may seek orders during the transitional period. That information should help it plan for the court processes and resources required, rather than leaving families facing unexpected delays after the legislation starts.

What a Parentage Order Can Mean for a Family

A parentage order is not merely a piece of paper. It can be an important legal recognition of the people who are responsible for a child’s day to day care and long term welfare.

Whether an order is necessary will depend on the individual circumstances. For some parents, existing legal arrangements may already adequately address their needs. For others, a parentage order may bring valuable certainty.

Legal recognition can be particularly important when dealing with matters such as:

• Decision making about a child’s health, education and welfare.
• Establishing a clear legal relationship between parents and child.
• Government records, identity documents and administrative processes.
• Future travel, inheritance and other significant life events.
• Reducing uncertainty if a legal issue arises later.

Every surrogacy arrangement has its own history. The location of the birth, the circumstances of the arrangement, genetic connections, existing court orders and the child’s documentation can all matter. That is why parents should obtain advice before assuming that an application is necessary or that it will produce a particular outcome.

A Six Month Window Means Early Preparation Matters

The proposed transitional arrangement includes a six month sunset period. In practical terms, parents who may benefit from the new pathway should not wait until the final weeks to consider their options.

The short window is one reason the registration process matters now. Parents who indicate their interest can assist the WA Government to assess the likely demand. They can also place themselves in a better position to seek timely legal advice and prepare for an application once the legislation commences.

A parentage order application can require careful preparation. Documents may need to be collected from Australia or overseas. Depending on the circumstances, there may be records relating to the birth, the surrogacy arrangement, legal advice, counselling, medical treatment or previous court proceedings.

Early planning is not about rushing into court. It is about ensuring that families have enough time to make a properly informed decision and, if an application is appropriate, to avoid being caught by a strict deadline.

Who Should Consider Registering?

Registration may be relevant to a Western Australian parent who has had a child through surrogacy and does not hold a parentage order. This may include arrangements undertaken:

• Within Western Australia.
• In another Australian state or territory.
• Overseas.
• Under circumstances where a WA parentage order was previously unavailable or refused.

The key point is that the anticipated reforms are aimed at improving recognition for children who are not presently recognised under WA law. A previous refusal should not automatically prevent a family from considering the new process. Indeed, those circumstances may be exactly why the new transitional pathway is relevant.

It is important, however, not to treat registration as a substitute for legal advice. The question is not simply whether a parentage order can be sought. It is whether obtaining one will provide a real benefit for the child and family.

Get Advice Before Making an Application

Surrogacy law is technical, highly fact specific and shaped by both state and federal legal issues. A parentage order may be advantageous, but it is not necessarily required in every case.

Before registering or preparing an application, parents should consider obtaining advice about their current legal position, the effect of any existing orders and the likely value of pursuing a WA parentage order after the reforms begin.

Good advice should address the family’s complete circumstances, not just the immediate question of filing an application. It should also consider what documents may be required, whether there are any obstacles to an order and how the proposed six month period may affect timing.

Parents seeking support can learn more about surrogacy legal services in Australia or contact Page Provan Family & Fertility Lawyers for tailored advice.

Where to Find the Registration Information

Parents who believe they may be affected should check the Western Australian Department of Health information and registration links. Community organisations, including Gay Dads WA, may also provide links and practical guidance about how to register interest.

The law is changing, and the details of commencement and procedure will matter. For authoritative information about Western Australian legislation, parents can also consult the Western Australian legislation website.

The essential message is straightforward: Western Australian families who have undertaken surrogacy without obtaining a parentage order should consider their position now. Registration can help the Government prepare for demand, while early legal advice can help parents decide whether a future application is in their child’s best interests.

About Stephen Page

Stephen Page is widely regarded as one of Australia’s leading surrogacy lawyers. He is an Accredited Family Law Specialist and a multi-award-winning lawyer with extensive experience advising intended parents, surrogates and families on Australian and international surrogacy matters. Through Page Provan Family & Fertility Lawyers, Stephen helps families navigate complex fertility and family law issues with practical, informed and compassionate advice.