Hospital tells family brain-dead Georgia woman must carry fetus to birth because of abortion ban

A pregnant woman in Georgia was declared brain-dead after a medical emergency and doctors have kept her on life support for three months so far to allow enough time for the baby to be born and comply with Georgia’s strict anti-abortion law, family members say.

She could be kept in that state for months more.

The case is the latest consequence of abortion bans introduced in some states since the Supreme Court overturned Roe v. Wade three years ago.

Adriana Smith, a 30-year-old mother and nurse, was declared brain-dead — meaning she is legally dead — in February, her mother, April Newkirk, told Atlanta TV station WXIA.

Newkirk said her daughter had intense headaches more than three months ago and went to Atlanta’s Northside Hospital, where she received medication and was released. The next morning, her boyfriend woke to her gasping for air and called 911. Emory University Hospital determined she had blood clots in her brain and she was declared brain-dead.

Newkirk said Smith is now 21 weeks pregnant. Removing breathing tubes and other life-saving devices would likely kill the fetus.

Northside did not respond to a request for comment. Emory Healthcare said it could not comment on an individual case because of privacy rules but released a statement saying it “uses consensus from clinical experts, medical literature, and legal guidance to support our providers as they make individualized treatment recommendations in compliance with Georgia’s abortion laws and all other applicable laws. Our top priorities continue to be the safety and wellbeing of the patients we serve.”

Smith’s family says Emory doctors have told them they are not allowed to stop or remove the devices that are keeping her breathing because state law bans abortion after cardiac activity can be detected — generally around six weeks into pregnancy.

The law was adopted in 2019 but not enforced until after Roe v. Wade was overturned in the 2022 Dobbs v. Jackson Women’s Health Organization ruling, opening the door to state abortion bans. Twelve states are enforcing bans on abortion at all stages of pregnancy and three others have bans like Georgia’s that kick in after about six weeks.

Like the others, Georgia’s ban includes an exception if an abortion is necessary to maintain the woman’s life. Those exceptions have been at the heart of legal and political questions, including a major Texas Supreme Court ruling last year that found the ban there applies even when there are major pregnancy complications.

Smith’s family, including her 5-year-old son, still visit her in the hospital.

Newkirk told WXIA that doctors told the family that the fetus has fluid on the brain and that they’re concerned about his health.

“She’s pregnant with my grandson. But he may be blind, may not be able to walk, may not survive once he’s born,” Newkirk said. She has not said whether the family wants Smith removed from life support.

Monica Simpson, executive director of SisterSong, the lead plaintiff in a lawsuit challenging Georgia’s abortion law, said the situation is problematic.

“Her family deserved the right to have decision-making power about her medical decisions,” Simpson said in a statement. “Instead, they have endured over 90 days of re-traumatization, expensive medical costs, and the cruelty of being unable to resolve and move toward healing.”

Lois Shepherd, a bioethicist and law professor at the University of Virginia, said she does not believe life support is legally required in this case.

But she said whether a state could insist Smith remains on life support is uncertain since the overturning of Roe, which found that fetuses do not have the rights of people.

“Pre-Dobbs, a fetus didn’t have any rights,” Shepherd said. “And the state’s interest in fetal life could not be so strong as to overcome other important rights, but now we don’t know.”

The situation echoes a case in Texas more than a decade ago when a brain-dead woman was kept on life support for about two months because she was pregnant. A judge eventually ruled that the hospital was misapplying state law, and life support was removed.