Legislation and Guidelines

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New assisted reproductive technology and surrogacy legislation for WA from mid-2027

The Assisted Reproductive Technology and Surrogacy (ARTS) Bill 2025 passed the Western Australian Parliament on 3 December 2025 and received Royal Assent on 18 December 2025.

Information about the passage of the Bill  and a copy of the Assisted Reproductive Technology and Surrogacy Act 2025 (ARTS Act 2025) as passed is available here: WA Legislation website (external site).

The Department of Health is now entering an approximate 18-month implementation period. During this time the Department, in consultation with key stakeholders, will undertake preparatory work including the development of supporting regulations and implementation arrangements. The ARTS Act 2025 is expected to commence in mid-2027.

Until the new legislation commences, access to IVF, reproductive technology and surrogacy in Western Australia continues to be regulated under the Human Reproductive Technology Act 1991 and the Surrogacy Act 2008.