Politics · Australia · 1 hr ago
Australia’s High Court backs prisoner’s bid to freeze her eggs
Australia’s High Court ruled in favour of prisoner Rachel Smith in her bid to freeze her eggs.
Smith is serving a 10-year sentence in Queensland for trafficking in a dangerous drug.
She sought approval for egg extraction and freezing because she will be 39 when eligible for parole and 41 when her sentence ends.
Queensland Corrective Services had argued that the procedure was banned as assisted reproductive technology under state law.
The High Court found the lower courts had misread the law, ruling that Smith was entitled to apply for the procedure with a health practitioner she chose.
The court set aside the earlier decisions and ordered Corrections Queensland to reconsider her application.
Officials must decide as soon as reasonably possible, and the state agency must also pay Smith’s legal costs.
Australia’s High Court ruled in favour of Queensland prisoner Rachel Smith in her appeal over applying to freeze her eggs while in custody.
The court found that egg extraction and freezing by her nominated health practitioner was not assisted reproductive technology under the law.
It set aside the lower courts’ orders and sent Smith’s application back to Queensland Corrective Services for a decision according to law.
The department was ordered to pay Smith’s legal costs.
- Who
- Rachel Smith, a Queensland prisoner, and Queensland Corrective Services.
- What
- The High Court allowed Smith’s appeal over her application to freeze her eggs while in custody.
- When
- The court ruled on Wednesday, October 14, 2026.
- Where
- Australia’s High Court; Smith is serving her sentence in Queensland.
- Why
- Smith challenged the department’s refusal, arguing egg freezing was not assisted reproductive technology under the law.
Rachel Smith
Queensland Corrective Services
Legal classification
Rachel Smith
Smith argued egg freezing was a preparatory step and did not fall under the definition of assisted reproductive technology.
Queensland Corrective Services
The department argued egg extraction and freezing were assisted reproductive technology, which state law prohibits inmates from accessing.
Application
Rachel Smith
Smith sought approval to undergo the procedure while in prison.
Queensland Corrective Services
The department refused her application.
Queensland Corrective Services refused Smith’s application to undergo egg freezing.
Smith challenged the refusal in the Queensland Supreme Court and Court of Appeal, but was unsuccessful.
The High Court heard Smith’s appeal in Canberra, according to the ABC report.
The High Court allowed Smith’s appeal and sent her application back to Queensland Corrective Services for a new decision.
- Prison sentence
- 10 years
- Offence
- Drug trafficking; described by the SMH as trafficking in a dangerous drug
- Appeal outcome
- High Court allowed Smith’s appeal
- Next step
- Queensland Corrective Services must decide the application again according to law
- Legal costs
- Queensland Corrective Services was ordered to pay Smith’s costs
2 sources
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What people are saying
Ms Smith was entitled to apply to participate in egg extraction and freezing to be undertaken by her nominated health practitioner, which is not ‘assisted reproductive technology’
In circumstances where this appeal has been granted expedition, and Ms Smith has been denied the opportunity to obtain a timely approval of her application, it is now incumbent on the chief executive to decide her application as soon as reasonably possible