High Court rules in favour of prisoner trying to freeze her eggs

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.