Mitchell Marianoff and James Walker have been together for five years, but have been unable to start a family until now.
The university lecturer and aspiring doctor met in Queensland, where they built a full and vibrant life together before packing their bags and moving to Western Australia last year.
“We both kind of restarted away from our own networks and really hit our stride,” Marianoff told 9news.com.au.
Marianoff and Walker knew early on that they wanted to have children and, after their big move, felt that they were finally ready to start a family.
The pair began researching surrogacy options available to them.
That’s when they discovered the state laws were against them.
Western Australia 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 are unable to conceive a child because of medical or genetic health reasons.
It is the only state in the country to block gay couples, transgender, intersex and single people from accessing surrogacy.
The restrictive laws also prevent them from using assisted reproductive technology, like artificial insemination or fertilisation.
“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 said.
“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 We’ve got the beaches, we’ve got hikes and yet, socially, quite an outdated view that’s quite limiting on our next chapter.
“We’re ready. When is Western Australia going to be ready?”
The red tape has left queer and single people across the state seeking other options interstate or overseas, leaving their support systems and often spending hundreds of thousands of dollars just to have a child.
“We’ve sort of been told, this isn’t for us yet, or this isn’t for us, given who we are,” Marianoff said.
“We’re just the same as any other couple.
“As long as it’s coming from a loving home that has understanding and empathy and support and patience and compassion, why can’t we do just as good a job?”
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.
Marianoff said the news was like a “breath of fresh air”.
He and his partner are now waiting for a willing surrogate to start the process of creating a family.
They estimate the total process could take a minimum of three years and cost them 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 said.
Health Minister Meredith Hammat said the changes have been a “long time coming”.
“For same-sex couples who aren’t yet both recognised as the legal parent of their own children, this reform is for you,” she said.
Hammat tabled the bill in parliament yesterday, prompting peak national and local LGBTIQ+ groups to urge 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.”
“This is a monumental day in Western Australia’s history,” Gay Dads WA’s Paul Hadfield-Jia said.
“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.
