A woman in Queensland, Rachel Smith, has won an appeal in Australia’s highest court regarding her right to freeze her eggs while serving a prison sentence for drug trafficking. Smith, who is currently serving a 10-year term, will turn 39 when she is eligible for parole and 41 when her sentence concludes.

Background

To mitigate the risk of age-related infertility, Smith sought approval to undergo egg freezing while incarcerated. However, Corrections Queensland contended that egg extraction and freezing fell under the category of "assisted reproductive technology," which is prohibited by the Corrective Services Act 2006.

Smith challenged this interpretation, asserting that her human rights were being violated. After unsuccessful attempts in the Supreme Court and the Court of Appeal, she escalated her case to the High Court.