The High Court of Australia ruled in favour of Queensland prisoner Rachel Smith, who sought to freeze her eggs while serving a 10-year sentence for drug trafficking, overturning Queensland Corrective Services' denial of her request for oocyte cryopreservation and ordering the department to reconsider the matter according to law.
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Rachel Smith was serving a 10-year jail sentence for drug trafficking when she applied to Queensland Corrective Services for approval to undergo a privately funded oocyte cryopreservation procedure, which was refused based on Queensland laws prohibiting inmates from accessing assisted reproductive technology.
The High Court has ruled in favour of a Queensland prisoner who is trying to freeze her eggs whilst serving time in custody.
Rachel Smith was part way through a 10-year jail sentence for drug trafficking, when she applied to Queensland Corrective Services (QCS) for approval to receive a privately funded Oocyte cryopreservation procedure.
QCS automatically refused her application, citing Queensland laws, which they said prohibits inmates from accessing "assisted reproductive technology".
Smith challenged the decision in the Supreme Court and then again in the Court of Appeal, with her lawyers arguing that egg freezing did not fall under this definition, as it was only a "preparatory" step.
After failing to convince the Queensland appellate judges, she sought leave to appeal in the High Court.
Following a hearing in Canberra last month, on Wednesday five High Court judges allowed her appeal.
They ruled the decision made by QCS in 2024 should be quashed and that the matter return to the department for determination "according to law".
QCS was also ordered to pay Smith's legal costs.
AI outlook — possibilities, not facts
Queensland Corrective Services will reconsider Rachel Smith's application for oocyte cryopreservation in accordance with the High Court's ruling
Very likely · Within weeks

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