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[INTERNATIONAL] · Australia · 6 sources

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High Court of Australia rules in favor of prisoner's egg freezing rights

The High Court of Australia has ruled in favor of Rachel Smith, an inmate in Queensland, regarding her right to undergo egg freezing while serving a 10-year sentence for drug trafficking.

Smith sought to preserve her fertility to mitigate the risks of age-related infertility, as she will be 39 at her parole eligibility and 41 upon completion of her sentence. Corrections Queensland had previously denied the request, arguing that egg extraction and freezing were prohibited under the Corrective Services Act 2006 because they were classified as ‘assisted reproductive technology’.

In a decision supported by three other judges, Justice Jayne Jagot concluded that the lower courts had ‘misconstrued’ the Act. The court determined that egg extraction and freezing performed by a nominated health practitioner does not fall under the definition of ‘assisted reproductive technology’ prohibited by state law.

The High Court set aside previous orders and directed the chief executive of Corrections Queensland to re-evaluate Smith's application as soon as reasonably possible. Additionally, the court ordered Corrections Queensland to cover Smith's legal costs.

Entities

Corrections Queensland · High Court of Australia · Jayne Jagot · Queensland · Rachel Smith

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