Pivet Medical Centre

Surrogacy is the process whereby embryos created by IVF for one couple are transferred to the womb of another women who will bear the child and return it to the couple. Prior to 2008, it was illegal to be involved in any surrogacy arrangements. However, in 2008, WA passed a law that allows for surrogacy under very strict rules.

There are several reasons for choosing surrogacy. The woman may be unable to carry a child herself because of an absent uterus or abnormalities of her uterus or because of a health condition which carries dangers if she is pregnant or gives birth. Commercially arranged surrogacy remains illegal.

There are some basic rules for surrogacy that you may like to discuss with your doctor. The key aspects of the law in WA include
• The couple (or arranged parents) must live in WA and be 25 years of age or older.
• The couple must be heterosexual and either

have been unable to conceive a child;
or though fertile may conceive a child affected by a genetic abnormality or disease;
or meet the guideline for the Human Reproductive Technology Act 1991.

• Couples will need to receive RTC approval before any surrogacy arrangements can be made. The Act defines the process including counselling requirements for all parties and the rules for the execution of the parenting order. The parenting order allows the birth certificate to be altered so that both parents are legal parents of the child.

If you are interested in further information, please visit the government web site http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_8872_homepage.html

Services

Surrogacy