A surrogacy arrangement means an arrangement where a woman (the birth mother) agrees to carry a child for another person or a couple (the arranged parent(s)) with the intention that the child will be raised by those arranged parents.

The surrogacy arrangement must be approved by the Reproductive Technology Council, and can only be made before the birth mother becomes pregnant.

The Court has jurisdiction under the Western Australian Surrogacy Act 2008 (“the Act”), and can make parentage orders. A parentage order transfers the parentage of a child from his or her surrogate birth parent/s to the child’s arranged parents. The arranged parents then become the child’s legal parents.

Any person wishing to enter into a surrogacy arrangement under the Act must comply with all the procedures set out under the Act and Regulations before applying to the Family Court of WA for a parentage order. The criteria are:

The Court will consider the following factors when deciding whether or not to grant a parentage order.

The Reproductive Technology Council has information on how to navigate the surrogacy process.

Eligible person

The Court cannot make a parentage order unless it is satisfied that the arranged parents are an eligible couple, or one of the applicants is an eligible person.

The Act defines an eligible couple as two people of the opposite sex who are married to, or in a de facto relationship with, each other and:

An eligible person is a woman who:

You will need to attach evidence to your affidavit which supports your statement.

Approved plan

An approved plan is a document, signed by the arranged parents and the birth parent/s, and approved by the court, which sets out details of:

More information

If you have met the requirements and want to apply to the Court, there is information on making a surrogacy application.

For more information, you can:

Last updated: 16-Apr-2018

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