Mitchell Marianoff and James Walker, a couple who have been together for five years, have faced significant challenges in their journey to start a family. Originally from Queensland, the university lecturer and aspiring doctor relocated to Western Australia last year, hoping to begin a new chapter in their lives. However, they soon discovered that the state’s restrictive surrogacy laws stood in their way.
Western Australia has long been the only state in the country to prohibit gay couples, transgender, intersex, and single individuals from accessing surrogacy and assisted reproductive technologies. The law defined an eligible couple as “two people of the opposite sex who are married to, or in a de facto relationship with, each other” and unable to conceive due to medical or genetic reasons.
“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 told 9news.com.au. “His Doctor of Medicine program, my lecturing position. We just thought everything looks amazing. We’ve got the beaches, we’ve got hikes and yet, socially, quite an outdated view that’s quite limiting on our next chapter.”
Legal Barriers and Personal Struggles
The couple’s experience is not unique. Many queer and single individuals in Western Australia have been forced to seek options interstate or overseas, often at great financial and emotional cost. “We’ve sort of been told, this isn’t for us yet, or this isn’t for us, given who we are,” Marianoff expressed. “We’re just the same as any other couple.”
The couple remains hopeful, waiting for a willing surrogate to help them start their family. They estimate the process could take at least 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 added.
Landmark Reform and Community Response
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 stated that the changes have been a “long time coming.” She emphasized the importance of the reform for same-sex couples who are not yet both recognized as the legal parents of their children.
“For same-sex couples who aren’t yet both recognised as the legal parent of their own children, this reform is for you,” Hammat said. The bill was tabled in parliament, and national and local LGBTIQ+ groups have urged the opposition to support the reforms.
“WA has some of the most outdated and discriminatory laws in the country,” Equality Australia chief executive Anna Brown said. “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.”
Implications and Future Prospects
The reform represents a significant shift in Western Australia’s legal landscape, aligning it more closely with the rest of the country. “This is a monumental day in Western Australia’s history,” said 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 be discussed in the Liberal Party room next week, marking a crucial step towards its potential enactment. For couples like Marianoff and Walker, the reform offers a new hope and a chance to realize their dreams of starting a family without leaving their home and support networks.
As Western Australia moves towards more inclusive laws, the journey of Mitchell Marianoff and James Walker highlights both the personal struggles faced by many and the broader societal changes underway. The coming weeks will be pivotal as the state considers embracing these long-awaited reforms.
