New laws passed to regulate surrogacy in WA

Western Australian women unable to bear children due to medical reasons will soon be able to use a surrogate to have a baby under new laws passed by Parliament tonight.

Health Minister Dr Kim Hames said the Surrogacy Bill 2008 would help women in this distressing predicament to have a family of their own.

"This Bill will mean that WA now has a robust framework for the regulation of surrogacy and will allow for the legal transfer of parentage for children born as the result of surrogacy arrangements," he said.

The Surrogacy Bill 2007 was introduced by the previous government last March.

The reintroduction of the Bill was a priority and one of the Liberal-National Government's commitments for its first 100 days in office.

While not all members supported the Bill, Dr Hames said members had the right to exercise a free vote.

The Minister said the new laws reflected a general move towards the introduction of surrogacy laws across Australia and paved the way for access to IVF treatment for surrogacy to be permitted for the first time in WA.

"In Australia, the demand for surrogacy has increased since the 1970s with the decline in the numbers of babies available for adoption and the increased availability of assisted reproductive technology," he said.

The Surrogacy Bill 2008 will allow:

• access to IVF for a woman who has agreed to bear a child for a woman or couple who would be eligible for IVF

• a comprehensive assessment and approval process for people seeking to have a child through a surrogacy arrangement

• the provision for the transfer of the legal parentage to make the arranged parents the legal parents of the child

• regulating activities around the making of surrogacy arrangements.

Dr Hames said the Bill protected the interests of all parties involved in a surrogacy agreement and particularly recognised the interests and rights of any potential child.

"This Bill will require a careful preparation and assessment process to be undertaken before a surrogacy arrangement can be approved," he said.

"It also provides for a range of offences, including prohibiting commercial aspects of surrogacy arrangements."

The Minister said he was pleased that the Bill had been supported by Parliament and he expected the legislation could come into operation within the next few months.

Minister's office - 9222 8788