State election 2025: Labor promises new legislation to bring WA in line with other State’s IVF technology laws

IVF and surrogacy rights are set to become a State election issue, with Labor promising to pave the way for single men and LGBTQI couples to more easily become parents. Changes to reproductive laws would bring WA into line with other States and were first proposed by Labor in 2019 but have experienced several setbacks. It can be revealed that Health Minister Amber-Jade Sanderson has written to lobby groups acknowledging it was “disappointing” new laws could not be introduced before parliament adjourned in November, promising “the next Labor Government will introduce the legislation as a priority, within the first half of 2025”. The changes would allow transgender people, intersex people, single men and people in same-sex relationships to access surrogacy and permit “reciprocal in vitro fertilisation”. Reciprocal IVF allows both partners to share in the parenting process by using one partner’s eggs to create embryos and implant them in the other partner. The election commitment was welcomed by Kingsley couple Jessica and Claire Boam, who have had one child through IVF but cannot legally use Jessica’s remaining viable embryos for Claire to carry a second child. “We actually ended up having five viable embryos, so we have another four in storage,” she said. “And my wife, rightfully so, wants to have a child as well, which is really important for us that she gets a chance to be pregnant and give birth . . . and it’s just not legal. We’re not allowed to, even though we’re both co-owners of those embryos. “We explored transferring the embryos and going to Melbourne, then we wouldn’t be breaking any laws, but it comes down to cost and logistics and feasibility.” She said change is long overdue. “It exists in every other State, we are literally the only holdouts,” Jessica said. “So it’s not pushing an agenda, it is equalising a national standard.” In 2022, the McGowan Government supported a ministerial expert panel’s recommendation to repeal or amend provisions that prevent access to IVF or surrogacy on the basis of sex, relationship status, gender identity or sexual orientation. Ms Sanderson blamed the Opposition for stalling reform, despite Labor’s majority in Parliament. “Previous attempts by the former Health Minister to make surrogacy fairer and to remove discrimination in WA was blocked by Nick Goiran in the Liberal Party, who filibustered the bill and essentially killed off the bill,” she said. “We know that families in WA take all shapes and sizes, that our current laws are outdated and discriminatory.” Father-of-two and Gay Dads WA board member Paul Hadfield-Jia said it was “devastating” that reform has taken so long. “It was nice to see that they acknowledged that it’s far overdue . . . it’s a little bit disappointing that it’s been used as a campaign tactic,” he said. “There are so many families and so many people that have been waiting to have families for such a long time and it is devastating that people are being forced overseas to have kids, because the legislation is so far behind.” He said it cost him “hundreds of thousands of dollars” to become a dad. “They’re both amazing, they are everything, we love them dearly and the reason I’m doing this is because I feel so blessed to be a parent and have so much joy and other people should be able to have that as well,” he said, Ms Sanderson was confident the reform has community support. “I think there are some sections of the community that find these laws controversial, but the vast majority I think accept that WA is way out of step with every other state and territory,” she said. “We need to make sure that people have access to safe services . . . we want to encourage people to access surrogacy locally where it’s properly regulated, properly managed and where vulnerable people are not exploited.” But Liberal Leader Libby Mettam won’t give bi-partisan support, making parental rights a potentially divisive election issue. “That’s not on our agenda. Health is a key priority, and our priority is better access to health care,” Ms Mettam said. “A piece of legislation like that would be dealt with as a conscience vote in Parliament, but it is not a piece of legislation I will be introducing.” Asked whether current laws are discriminatory, she said children should be put first. “I’m very clear and comfortable with our position,” she said. “We will always put children first when it comes to the approach to surrogacy and that is my consistent position.” Ms Boam said she’s confident the “stigma” around LGBTQI parenting has lessened, but was worried a new political debate could prove traumatic.