Surrogacy reform bill gets big boost in Upper House as Greens pledge support

Labor’s bid to expand access to surrogacy has received a major boost in the Upper House, with the Greens pledging their support.

The Greens’ support would give the legislation up to 19 votes in the 37-seat house if every Labor MP votes for the bill, although the governing party will treat it as a conscience vote meaning individuals can cross the floor.

The reforms passed the lower house on the final sitting day of September and would expand access to surrogacy to same-sex couples, transgender and intersex people, and singles.

While the bill was always set to pass the Legislative Assembly where Labor holds a commanding majority, the Government relies on cross bench support in the upper house to pass legislation.

Greens Leader Brad Pettitt said the bill had the support of his party.

“For too long WA’s outdated surrogacy laws have discriminated against some members of our community who wish to start a family,” he said.

“This important reform will allow all LGBTQIA+ people the opportunity to start a family in Western Australia, a change the Greens have long been advocating for.”

Debate in the lower chamber went on for three sitting days, with several members of parliament revealing their personal connections to reproductive technology.

When the legislation was first brought to parliament, Roger Cook urged MPs to keep debate “respectful.”

“I call on every member of parliament, if they are cross examining the bill in relation to this, to do so in a respectful manner,” he said.

The call was echoed by Mr Pettitt on the eve of debate.

“The Greens are calling on all parties to make sure that this debate is respectful and inclusive of all genders, sexualities and identities,” he said.

“For most people in the community this legislation will not make a shred of difference but for the intended parents who have been waiting years, even decades, for this reform it will mean everything.”

When Labor last tried to pass a bill on surrogacy reforms in 2019, when it was blocked in part thanks to a marathon 24-hour speech by conservative Liberal MP Nick Goiran.

The Liberal Party will also vote on conscience for the bill and is expected to face opposition from conservative members.