Why is discrimination in WA over reproductive rights OK, when it’s not OK anywhere else?

Why is discrimination in WA over reproductive rights OK, when it’s not OK anywhere else?

Why is it the case that Western Australia is allowed to discriminate against gay men and singles when they want to be parents, but nowhere else is? All the while we hear from politicians about how they deplore Australians going to developing countries for surrogacy and exploiting poor women there- but the laws as drafted force gay and single Western Australian men who want to be singles to either move interstate or go offshore.

How does WA law discriminate?

Quite simply, WA has a bizarre system:

  • if you want to be a foster care, you can be single or gay (sounds good so far)
  • if you want to adopt, you can be single or gay (again sounds OK)
  • if you want to have a child through surrogacy, you can be a heterosexual couple, or a lesbian couple, or a single woman, but cannot be a single man or a gay male couple. The Surrogacy Act makes this discrimination plain.

The Commonwealth got called out

In October 2015, the Commonwealth Government got called out when it fronted up at the UN Human Rights Committee in Geneva from over 100 other countries. Some of the issues, not surprisingly, were about Nauru and Manus Island. But they also got a shellacking over Australian laws concerning LGBTI people. The result- the Commonwealth promised to end the exemptions under the Sex Discrimination Act that allowed the States to discriminate against LGBTI people. The Commonwealth told the UN that these exemptions would go by the end of July 2016.

But Western Australia is alone still allowed to discriminate…

And indeed they did. On 1 August 2016 we woke up to find that the exemptions had ended- except in Western Australia:

  • Discrimination in Queensland law to prevent LGBTI Queenslanders accessing assisted reproductive treatment from fertility doctors: OVERRIDDEN. 

  • Discrimination in South Australian law to prevent single and LGBTI South Australians accessing assisted reproductive treatment from fertility doctors: OVERRIDDEN. 

  • Discrimination in Western Australian law to prevent single men and gay male couples from accessing surrogacy: IN PLACE UNTIL 1 AUGUST 2017. Nowhere else- just WA, as the regulations make plain.

Why is it OK to discriminate against gay and single men in WA, but it’s not OK anywhere else? What discussions have happened between the WA and Commonwealth governments to allow this? Why shouldn’t this regulation be scrapped immediately to bring WA into line with the rest of the country?

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Brisbane to Host the International Federation of Fertility Societies (IFFS) Congress in 2027

The International Federation of Fertility Societies has chosen Brisbane as the host city for its next World Congress in April 2027. This decision marks a major milestone for Australia and New Zealand’s fertility sector, bringing together clinicians, researchers, allied health professionals and legal experts from across the globe to share knowledge, debate policy and present… Read More »Brisbane to Host the International Federation of Fertility Societies (IFFS) Congress in 2027

IFFS Brisbane 2027: World’s Largest Fertility & Surrogacy Conference Coming to Queensland

The next World Congress of the International Federation of Fertility Societies is meeting in Brisbane from 18-21 April 2027. In the words of the International Fertility Society: “IFFS is excited to build on this momentum and partner with the Fertility Society of Australia and New Zealand (FSANZ) to deliver an extraordinary event that brings together… Read More »IFFS Brisbane 2027: World’s Largest Fertility & Surrogacy Conference Coming to Queensland

Surrogacy Ethics Conference Australia: Key Insights from the Law Council’s First Donor & Surrogacy Ethics Event

Donor & Surrogacy Ethics Conference Recently, I took part in the family law section of the Law Council of Australia’s first surrogacy and donor ethics conference, held in Melbourne. I want to give a shout out to my Melbourne colleague, Sarah Jefford OAM who had the gumption in putting it all together and then roped… Read More »Surrogacy Ethics Conference Australia: Key Insights from the Law Council’s First Donor & Surrogacy Ethics Event

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board