High Court orders fresh decision on Queensland prisoner's egg-freezing request
Australia’s High Court allowed Rachel Smith’s appeal and ordered Queensland Corrective Services to reconsider her application for egg extraction and freezing.
Australia’s High Court allowed Queensland prisoner Rachel Smith’s appeal on Wednesday, 14 October 2026, and ordered Queensland Corrective Services to reconsider her request for egg extraction and freezing according to law. The ruling does not itself approve the procedure.
Why Rachel Smith sought egg freezing in prison
Smith is serving a 10-year sentence for drug trafficking. She sought permission to undergo the procedure in custody at her own expense.
According to Australian Associated Press reporting carried by The Guardian, the court found that egg extraction and freezing by Smith’s nominated health practitioner was not ‘assisted reproductive technology’ under the relevant law. Queensland Corrective Services must now make a new decision on her application; the reports do not establish what that decision will be.
Sources and context
- High Court rules in favour of Queensland prisoner who is trying to freeze her eggsABC News
- Rachel Smith will turn 39 in prison. The high court says she could freeze her eggs from behind barsThe Guardian, carrying Australian Associated Press reporting
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