Mitchell Marianoff and James Walker have been together for five years, but until now, they have been unable to start a family due to restrictive laws in Western Australia. The couple, a university lecturer and an aspiring doctor, met in Queensland and built a vibrant life together before moving to Western Australia last year.
“We both kind of restarted away from our own networks and really hit our stride,” Marianoff shared with 9news.com.au. Despite their enthusiasm for their new life, they were met with a harsh reality when they began exploring surrogacy options.
Legal Barriers to Family Building
Upon researching their options, Marianoff and Walker discovered that Western Australia’s laws were a significant barrier. The state defines an eligible couple for surrogacy as “two people of the opposite sex who are married to, or in a de facto relationship with, each other” who cannot conceive due to medical or genetic reasons. This definition effectively blocked gay couples, transgender, intersex, and single individuals from accessing surrogacy and assisted reproductive technology.
“We were very shocked and I guess a little bit heartbroken to see just what the current legislation was because moving over here was meant to be an exciting new chapter for us,” Marianoff expressed. The couple found themselves at a crossroads, questioning when Western Australia would be ready to embrace their family aspirations.
“We’re ready. When is Western Australia going to be ready?”
A Landmark Reform
This week, the Western Australian government announced a landmark reform that will allow gay couples, single, transgender, and intersex people to access surrogacy and assisted reproductive technology. Health Minister Meredith Hammat described the changes as “a long time coming,” marking a significant shift in the state’s approach to family planning for LGBTQ+ individuals.
“For same-sex couples who aren’t yet both recognized as the legal parent of their own children, this reform is for you,” Hammat stated. The bill was tabled in parliament, with national and local LGBTIQ+ groups urging opposition support.
“WA has some of the most outdated and discriminatory laws in the country,” said Equality Australia chief executive Anna Brown. “There is more work to do, but this bill is a good first step, and it’s high time WA’s laws were brought into line with the rest of Australia.”
Looking Ahead
With the legislative changes, Marianoff and Walker are now waiting for a willing surrogate to start their family-building process. They estimate that the journey could take a minimum of three years and cost upwards of $100,000. “We’ve said that we would start it as soon as somebody says to us that they would love to support in that way,” Marianoff noted.
The reform has been met with enthusiasm from advocacy groups and individuals alike. “This is a monumental day in Western Australia’s history,” stated Paul Hadfield-Jia of Gay Dads WA. “We call on every member of parliament to stand up, support these changes, and vote to pass this family-creating legislation into law.”
The bill is expected to go to the Liberal Party room next week for discussion, signaling a potential new chapter for many families in Western Australia.
This development follows years of advocacy and highlights the evolving landscape of family rights in Australia. As the state moves towards more inclusive laws, couples like Marianoff and Walker remain hopeful for the future.
