Rachel Smith is incarcerated in a Queensland prison, serving a 10‑year term for trafficking in a dangerous drug. While behind bars, she raised concerns about age‑related infertility and sought permission to have her eggs extracted and frozen for future use. Corrections Queensland initially denied the request, classifying the procedure as ‘assisted reproductive technology’ and therefore prohibited under the Corrective Services Act 2006.
Smith first challenged the denial in the Supreme Court, where her argument that the refusal breached her human rights was unsuccessful. She then took the matter to the Court of Appeal, which also upheld the Corrections Queensland position, maintaining that egg extraction and freezing fell within the scope of the banned assisted reproductive technology category.
A Queensland prisoner serving a 10-year sentence will be allowed to freeze her eggs while she is in custody following a High Court ruling. The 36-year-old is serving time for drug trafficking and applied for the procedure through Queensland Correctional Services, saying she hopes to have children upon her release. For more details on this story, tune in to 10 News at 5pm.
Undeterred, Smith appealed to the High Court of Australia. The High Court heard the appeal on an expedited basis due to the time‑sensitive nature of Smith’s fertility concerns.
She concluded that the lower courts had misconstrued the Corrective Services Act 2006.
Justice Jayne Jagot, joined by three other judges, delivered the majority opinion. She concluded that the lower courts had misconstrued the Corrective Services Act 2006. According to Justice Jagot, egg extraction and freezing do not constitute ‘assisted reproductive technology’ as defined by the legislation, and therefore Smith was entitled to apply to undergo the procedure through her nominated health practitioner.
High Court lets Queensland prisoner try egg freezing Australia’s High Court has backed a Queensland prisoner, Rachel Smith, who wants permission to freeze her eggs while serving a 10-year sentence for drug trafficking. Smith asked for a privately funded procedure, but Queensland Corrective Services refused to consider it in 2024, saying state law blocks prisoners from using assisted reproductive technology. Smith argued egg freezing is a preparatory step and not assisted reproductive technology itself. After losing in lower courts, she appealed to the High Court. Five judges allowed the appeal, set aside the department’s decision, and sent the matter back for reconsideration under the law. The ruling does not approve the procedure outright, but it forces the department to make a fresh decision. Queensland Corrective Services was also ordered to pay Smith’s legal costs. https://t.co/e5euBtL5Oh #HighCourt #EggFreezing #OocyteCryopreservation #QueenslandCorrectiveServices #AssistedReproductiveTechnology #PrisonerRights #LegalNews
The High Court set aside the previous orders from the lower courts. It directed Corrections Queensland to reconsider Smith’s application as soon as reasonably possible. In its ruling, the Court emphasized that, given the expedition granted to the appeal and the delay already suffered, the chief executive of Corrections Queensland must act promptly. Smith was also awarded her legal costs.
Smith’s sentence is set to last 10 years. According to the figures supplied, she will become eligible for parole at age 39, and if she serves the full term without early release, she will be 41 when her sentence concludes.
Following the High Court’s decision, Corrections Queensland must now decide Smith’s request without further delay. The outcome will determine whether she can proceed with egg extraction and freezing through a health practitioner of her choice.
