High-stakes reform: IVF, surrogacy and organ donation under sharper regulatory focus

Recent legislative developments in Western Australia and Queensland signal a heightened regulatory focus on assisted reproductive technology (ART), surrogacy and organ donation in Australia. The reforms are directed at strengthening patient protections, modernising oversight frameworks and increasing access to life-saving treatment, while reinforcing transparency and public confidence in sensitive areas of healthcare delivery.

Western Australia: ARTS Bill 2025 passed

On 3 December 2025, the Assisted Reproductive Technology and Surrogacy (ARTS) Bill 2025 passed the Western Australian Parliament, representing a significant overhaul of the State’s IVF and surrogacy regime.

The landmark ARTS Act 2025 removes current discriminatory barriers to fertility treatment and allows more West Australians to access altruistic - or unpaid - surrogacy and brings Western Australia into line with other jurisdictions, including Victoria, South Australia, New South Wales, the ACT and Queensland. Access will be based on a clinical assessment and decision, with the clinician having regard to the person’s current and future physical, psychological and social circumstances.

There will now be an approximately 18-month implementation period before the new laws commence in mid-2027. During this implementation period, the Department of Health will develop the necessary regulations to support the legislation, provide education and support to fertility clinics and the community, and also establish the new Assisted Reproductive Technology Advisory and Review Board. Service providers will also use this time to prepare the relevant education and operational supports for their own staff.

Queensland: strengthening IVF regulation and lifting organ donation

Queensland has passed new legislation to strengthen regulation of the IVF sector, enhance patient safety and expand opportunities for organ donation.

The Health Legislation Amendment Bill (No. 3) 2025 amends eight health-related Acts, including targeted changes to the Assisted Reproductive Technology Act 2024 to improve regulatory oversight, strengthen inspector powers, enhance information collection and ensure smoother transition arrangements for fertility treatments commenced prior to the Act’s commencement.

The Bill also amends the Transplantation and Anatomy Act 1979 to support organ donation following circulatory death, providing a clearer legal framework for families and next of kin to consent to clinical interventions that preserve organ viability after a decision to withdraw life support.

Further amendments strengthen governance and accountability across Queensland’s health system, including reforms affecting hospital and health boards, private health facilities and pharmacy ownership, aimed at improving system performance and patient protection.

Looking ahead

These reforms reflect a broader regulatory trend towards greater accountability, transparency and patient protection in complex and emotionally charged areas of healthcare.

IVF clinics, hospitals and insurers should proactively assess their governance and risk frameworks as the new laws take effect. Heightened regulatory scrutiny will require IVF clinics and hospitals to strengthen governance, compliance and clinical documentation, with particular focus on informed consent, record-keeping, staff training and clear clinical escalation processes, including in end-of-life and organ donation settings.

Kennedys will continue to monitor developments across jurisdictions and assist clients in navigating the regulatory, liability and risk management implications arising from these changes.