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Law on High

Smith v Chief Executive, Queensland Corrective Services

[2026] HCA 37

Law on HighHIGH COURT OF AUSTRALIA[2026] HCA 37

Whether 'assisted reproductive technology' in s 22(2) of the Corrective Services Act 2006 (Qld) captures egg extraction and freezing by a prisoner

A prisoner wanted to freeze her eggs at her own cost before her fertility declined in custody. The Chief Executive said that was 'assisted reproductive technology' and refused. Five justices disagreed, unanimously, and rejected the proposition that lost fertility is a legitimate part of punishment.

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