Rachel Smith will turn 39 in prison. The high court says she could freeze her eggs from behind bars
Summary
Australia’s highest court ruled that a woman, Rachel Smith, has the right to freeze her eggs while serving a prison sentence in Queensland. The court decided that egg freezing does not count as "assisted reproductive technology," which is banned in Queensland prisons, and sent the case back for reconsideration.Key Facts
- Rachel Smith is serving a 10-year prison sentence in Queensland for drug trafficking.
- She will be 39 when she can apply for parole and 41 when her sentence ends.
- Smith wanted to freeze her eggs while in prison to reduce the risk of infertility caused by aging.
- Queensland prison officials said egg freezing was banned because it is considered assisted reproductive technology under state law.
- Smith challenged this claim, saying her human rights were violated and the law was misapplied.
- Lower courts ruled against her, but the High Court of Australia ruled in her favor.
- The High Court said egg freezing is not assisted reproductive technology under the law.
- The case was sent back to Queensland Corrections to reconsider her application quickly.
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