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Surrogacy in WA

Surrogacy refers to a type of assisted reproductive technology where there is an arrangement for a woman to carry and give birth to a child on behalf of another person or couple. 

The parties to a surrogacy arrangement are the: 

  • birth mother– who will carry and give birth to the child 
  • arranged parent/s– who will raise the child. 

The types of surrogacy permitted in Western Australia are: 

  • traditional surrogacy: using birth mother egg and arranged parent or donor sperm 
  • gestational surrogacy: using arranged parent and/or donor gametes. 

The surrogacy arrangement must meet requirements set out in the Surrogacy Act 2008 and its related legislation. It must be approved by the Reproductive Technology Council of WA. 

A surrogacy arrangement can only be made before the birth mother becomes pregnant. 

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