Paul Hadfield-Jia, a proud gay father of two, shared his path to parenthood in a recent issue. His quest even eventually led him over the Atlantic Ocean to the United States. Current restrictive laws in Western Australia prohibit access to IVF and surrogacy for same-sex couples and single men. That being said, Hadfield-Jia found that they really need to look for other options outside the space. His experience makes an important case for the state’s lack of legislative reform to be addressed immediately.
At the moment, Western Australia’s laws prevent same-sex couples and single men from accessing surrogacy. This now leaves it as the sole state in Australia with such harsh policies. This has caused many people like Hadfield-Jia to head abroad in search of better opportunities. It was in this process that Hadfield-Jia’s daughter Samantha was born after successfully finding an egg donor and surrogate in Idaho.
Repatriating Samantha to Australia was a painful process for Hadfield-Jia. He described navigating the system as daunting, stating, “Once you’re in Australia, it’s really hard trying to get your children into the system with Medicare and Centrelink, and a lot of these systems are not set up to care for or take care of people and families like my own or other heterosexual couples that have had children through surrogacy.”
Hadfield-Jia is not alone in his plight. Like so many others, my friends and relatives have been forced out of Western Australia or overseas to start a family because of these legal restrictions. He claims that the existing statutes are “outdated.” He recommends the state government have ongoing and meaningful engagement with the LGBTIQ+ communities to discuss issues and potential legislative amendments.
WA Premier Roger Cook understands the challenges confronting same-sex couples seeking to build families in the state, following an important first step apology. Just this March, he has signed on to reform the surrogacy and IVF laws — a promise made to intentionally change this law eight years ago. Cook is interested to see the new legislation focus on providing communities with more modern, inclusive, evidence-based laws that align with what communities actually want and need.
In advocating for change, Hadfield-Jia stated, “This is the most monumental life-changing legislation that we’ve had in years from a gay community perspective.” He said he was looking forward to seeing the reforms create an environment in which families like his could thrive in Western Australia. “It is just so important that our MPs understand and connect with people that have got lived experiences,” he added.
The emotional toll of navigating these legal barriers is real. Hadfield-Jia noted, “It’s a whole process and it’s so challenging, and there’s so much more than just having to care and love for a child that’s just been born.” Environmental justice He placed a spotlight on the need for lawmakers to focus on the real-world impact of their decisions. “It’s so important that they connect with people to understand why this is so important before they make their decision,” he said.
Hadfield-Jia’s experiences are a familiar refrain from others in the community. Sarah Jefford, a fertility lawyer, shared a pretty remarkable trend. While Lesh has seen lesbian couples go interstate to seek out egg-sharing options that they’re unable to access in Western Australia. “I know of several clients that are now living in Melbourne and Sydney because they didn’t feel like they were welcome,” she explained.
When Australia passed marriage equality in 2017, Hadfield-Jia hadn’t expected it would be a Pyrrhic, only-half-the-victory kind of celebration. “You’re allowed to marry who you love, but you are not allowed to create a family because of who you love,” he remarked. He’s convinced that the new legislation would make life dramatically better for thousands of families who dream of building their own.
As the Western Australian government prepares to revisit its surrogacy and IVF laws, advocates like Hadfield-Jia remain hopeful for future changes that could provide equal opportunities for all parents in the state.
“Why would our MPs not want to support legislation which will allow Western Australians to have their children and families safely here in WA?” – Paul Hadfield-Jia
