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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
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 3 SOURCES] Corrections Queensland was ordered to pay the legal costs for Rachel Smith. www.smh.com.au · www.perthnow.com.au · theqldr.com.au
- [● 3 SOURCES] Rachel Smith is serving a 10-year prison sentence in Queensland for drug trafficking. www.smh.com.au · www.perthnow.com.au · theqldr.com.au
- [● 3 SOURCES] The High Court ruled that egg extraction and freezing by a nominated practitioner does not constitute ‘assisted reproductive technology’ under the law. www.smh.com.au · www.perthnow.com.au · theqldr.com.au
- [● 3 SOURCES] The court ordered Corrections Queensland to re-evaluate the application as soon as reasonably possible. www.smh.com.au · www.perthnow.com.au · theqldr.com.au
- [● 3 SOURCES] The High Court of Australia overturned previous rulings from the Supreme Court and Court of Appeal regarding a prisoner's right to freeze eggs. www.smh.com.au · www.perthnow.com.au · theqldr.com.au