Emory University Hospital Midtown, located in Atlanta, was in the news recently when a pregnant woman in Georgia, declared brain dead after a medical emergency, was kept on life support for three months. This measure aimed to allow enough time for the fetus to develop for delivery. According to her family, the hospital informed them that this was necessary under Georgia’s stringent anti-abortion legislation.
The woman’s due date is more than three months away, potentially making this one of the lengthiest such pregnancies recorded under these conditions. Her family expressed frustration over Georgia’s law, which restricts abortion once cardiac activity is detected—leaving them with no say in maintaining life support for the pregnant woman.
Georgia’s “heartbeat law” is one among many restrictive abortion laws enacted by conservative states following the Supreme Court’s decision to overturn Roe v. Wade three years ago. This law, which came into effect after Roe’s reversal through the 2022 Dobbs v. Jackson Women’s Health Organization ruling, prohibits abortion once cardiac activity is observed, generally around six weeks of pregnancy.
Adriana Smith, a 30-year-old mother and nurse, was declared brain dead in February, as reported by her mother, April Newkirk, to a local TV station. Newkirk recounted that Smith experienced intense headaches, sought treatment, and was discharged, only to face severe complications soon after. She was later diagnosed with brain blood clots at Emory University Hospital.
Smith, who is currently 21 weeks pregnant, remains connected to life-support devices, as removing them would likely endanger the fetus. Although Northside Hospital did not comment, Emory Healthcare stated that it bases treatment recommendations on expert consensus, medical literature, and legal guidance, in compliance with Georgia’s abortion laws.
Smith’s family was informed by Emory doctors that they couldn’t discontinue life support due to the state’s abortion law, which bans actions that might harm the fetus once cardiac activity is detected. This law includes an exception if necessary to preserve the woman’s life—a point central to ongoing legal and political debates.
Smith’s family continues to visit her regularly, alongside her five-year-old son. They were told of potential health concerns for the fetus, including fluid on the brain, raising questions about his survival and future quality of life.
Monica Simpson from SisterSong, a plaintiff in a lawsuit against Georgia’s abortion law, criticized the situation, stating that the family should have decision-making authority over Smith’s medical care. Simpson noted the emotional and financial strain the family faces.
Bioethicists and legal experts like Thaddeus Pope argue that Georgia law does not necessitate maintaining life support for a brain-dead pregnant woman, while others highlight uncertainties in state laws post-Roe regarding fetal rights.
Despite these legal complexities, the overall prognosis for the fetus remains cautiously optimistic, although further evaluation is needed. The case highlights Georgia’s controversial abortion law, which considers a fetus a person with rights equivalent to a born individual.
State Senator Ed Setzler supports the hospital’s interpretation of the law, valuing the potential to save the fetus. He believes the law appropriately balances the mother’s condition with the unborn child’s rights, offering options such as adoption if the family chooses.
Georgia’s abortion law has previously drawn national attention, as past instances reported by ProPublica connected restrictions to inadequate medical response during pregnancy complications.
