Improving Access to Artificial Reproductive Technology and Surrogacy in Western Australia: Impending Changes and Missed Opportunities for Reform

The Assisted Reproductive Technology and Surrogacy Act 2025 (WA) ('the ARTS Act') represents a significant overhaul of the laws that govern assisted reproductive technology (‘ART’) and surrogacy in Western Australia. Following years of consultation, independent review and legislative delay, the ARTS Act consolidates and replaces three existing statutes governing artificial conception, human reproductive technology and surrogacy. Its reforms are intended to simplify access to ART and modernise the legal framework in response to increasing reliance on treatments such as in-vitro fertilisation. This comment examines key reforms introduced by the ARTS Act and identifies unresolved issues and missed opportunities. It argues that, although the ARTS Act marks an important step towards a more contemporary and accessible regulatory framework, some issues — including parentage where a person or couple enters into an international surrogacy arrangement and informal family creation — were overlooked and require further legislative attention.