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Family Law Education Network

Tag: Surrogacy

Dunn v WA Reproductive Technology Council [2026] WASCA 65

By majority, the Court of Appeal of Western Australia held that provisions of the Surrogacy Act 2008 (WA) excluding same-sex couples from eligibility for a parentage order were inconsistent with the Sex Discrimination Act 1984 (Cth) and inoperative under s 109 of the Constitution, quashing the WA Reproductive Technology Council’s refusal to approve a same-sex couple’s surrogacy arrangement.

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Dunn v WA Reproductive Technology Council [2026] WASCA 65

By majority, the Court of Appeal of Western Australia held that provisions of the Surrogacy Act 2008 (WA) excluding same-sex couples from eligibility for a parentage order were inconsistent with the Sex Discrimination Act 1984 (Cth) and inoperative under s 109 of the Constitution, quashing the WA Reproductive Technology Council’s refusal to approve a same-sex couple’s surrogacy arrangement.

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