High Court of Australia overturns refusal to let prisoner freeze eggs — ABC News Australia

The High Court of Australia has upheld an appeal by Queensland prisoner Rachel Smith, who is seeking permission to freeze her eggs while serving her sentence. Five judges ordered that the 2024 decision by Queensland Corrective Services be set aside and the case returned to the agency for consideration in accordance with the law.

Refusal by correctional service

Smith was serving a 10-year prison sentence for drug trafficking when she asked Queensland Corrective Services for permission to undergo a privately funded oocyte cryopreservation procedure. The agency automatically rejected the application, citing Queensland laws which, in its view, prohibit prisoners from accessing assisted reproductive technology.

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Court proceedings

Smith challenged the refusal first in the Supreme Court and later in the Court of Appeal. Her lawyers argued that egg freezing is merely a preparatory stage and does not constitute assisted reproductive technology. After an unsuccessful hearing in the appellate court, the woman appealed to the High Court. As ABC News reports, the service was also ordered to pay Smith’s legal costs.