Hon Roger Cook BA GradDipBus MBA MLA

Hon Roger Cook BA GradDipBus MBA MLA

Deputy Premier; Minister for Health; Mental Health

    Independent review of assisted reproductive technology and surrogacy legislation

    13/01/2018 7:00 AM
     
    • Independent review of the Human Reproductive Technology Act 1991 and Surrogacy Act 2008
    • Provides an opportunity for public consultation and a strong foundation for updating the regulation of assisted reproductive technology and surrogacy 

    The McGowan Government today announced an independent review of the Human Reproductive Technology Act 1991 (HRT) and the Surrogacy Act 2008.

     

    There is considerable public interest in assisted reproductive technology (ART) and surrogacy as about one in six couples have difficulty in conceiving a baby; about four per cent of births in Australia occur through assisted reproductive technology.

     

    There have been significant developments in technology and changes in community attitudes to ART and surrogacy.

     

    The relevant Western Australian laws are out of step with other Australian States and Territories.

     

    The review will provide a strong foundation for updating the regulation of ART and surrogacy.

     

    The terms of reference provide an opportunity for a wide range of complex scientific, ethical and legal issues to be considered in today's society.

     

    The review will be undertaken by Associate Professor Sonia Allan, a highly regarded legal academic, who recently completed a review of similar legislation in South Australia.

     

    Details of the review can be accessed at http://ww2.health.wa.gov.au/Review. The closing date for written submissions is 5pm, Friday March 16, 2018. This will be followed by a period of consultation and forums.

     

    Comments attributed to Health Minister Roger Cook:

     

    "These laws are outdated in parts and are arguably not meeting current needs and developments in practice occurring in other Australian States.

     

    "This review is long overdue and I encourage all interested parties to take the time to make a submission, and have their say."

     

    Minister's office - 6552 6500

     

    Background 

    • The Human Reproductive Technology Act 1991 (HRT Act) provides for the functions of the Reproductive Technology Council (Council), regulation relating to the practice of, the procedures used in, and the ethics governing human reproductive technology; to make provision with respect to the use of this technology in relation to artificially assisted human conception and for the regulation of certain research; and related purposes.
    • The Surrogacy Act 2008 provides for the regulation of surrogacy arrangements in Western Australia and for the parentage of children born as a result of those arrangements. The legislation also specifically prohibits surrogacy for financial gain.