Western Australia expands IVF law to allow easier access

On December 3, 2025, the Cook Labor Government’s Assisted Reproductive Technology and Surrogacy Act 2025 (ARTS Act) passed the Western Australian (WA) Parliament following months of debate. The WA government depicted the law as “modern, inclusive and evidence‑based,” and meant to enable more Western Australians to “start or grow their families” via assisted reproductive technology (ART) and surrogacy. But there is cause for concern.

Key Takeaways:

• A new bill has been passed expanding assisted reproductive technologies (ART) in Western Australia.

• Under the legislation, same‑sex couples, single people, transgender, and intersex Western Australians can qualify for IVF, altruistic surrogacy, and other ART services.

• The move further illustrates how children are turned into consumer products built to meet the desires of adults.

The Details:

Under the new legislation, which takes effect in mid-2027, same‑sex couples and single, transgender, and intersex Western Australians can qualify for IVF, related ART services, and altruistic surrogacy just like heterosexual couples. Notably, the new law eradicates the need to prove medical infertility to be eligible for ART services. For female same-sex couples, this would allow reciprocal IVF, in which one partner supplies the eggs, a sperm donor is used, and the other partner carries the child during pregnancy.

Although supporters have lauded these legislative changes as "welcome news," there are ethical issues. The changes reinforce a culture that sees embryos, preborn babies, and children in general as consumer products to be created and purchased to fufill adult desires.

Initially proposed about a decade ago, the amendments were temporarily shelved. This year, however, the reintroduced bill passed through WA’s lower house in August and has since been under consideration in the upper house.  

Why It Matters:

From a pro-life perspective, although the ARTS Act claims to promote “the wellbeing and best interests of the child born as a result of ART treatment at the centre of decision-making for ART and surrogacy,” the same legislation still permits the creation, storage, and ultimate disposal of “surplus” embryos, a practice that contradicts the truth that each human life has inherent dignity from its nascent stages.​

Can You Be Pro-Life And Support IVF?

The new law also boosts supposed safeguards for donor‑conceived people such as enhanced access to details regarding their genetic and social heritage, acknowledging the importance of identity and biological origins. Yet a truly pro-life and child‑focused approach would avoid the destructive manufacture of countless embryos that may never be given the chance at life.

Additionally, the ARTS Act drastically widens the scope of who can qualify for "altruistic surrogacy" and how such arrangements can materialize. Aspiring parents and licensed fertility clinics may now advertise and recruit for altruistic surrogates, and there is no longer any requirement to display a medical or social need for surrogacy before an arrangement can take place. Such provisions would normalize surrogacy as a practice propelled by adult desire, commodifying pregnancy and children. 

The Bottom Line:

Western Australia’s ARTS Act reflects a pivotal shift in how Australian lawmakers treat reproduction, childbirth, and parenthood. The question for Western Australia and the world is whether such reproductive technology should view children as fulfillments of adult desires or as the fully human persons that they are.