Emory University Hospital Midtown, Atlanta
A pregnant woman in Georgia, declared brain dead following a medical emergency, has been on life support for three months. This decision was made to allow the fetus to develop sufficiently for delivery, as explained by her family, who state that this was required under Georgia’s stringent anti-abortion law.
The woman’s due date is over three months away, potentially making this one of the longest cases of its kind. Her family expresses frustration with Georgia’s law, which restricts abortion once cardiac activity is detected, as it removes their ability to decide whether to maintain life support for a pregnant woman.
Georgia’s "heartbeat law" is part of a series of restrictive abortion statutes implemented in several conservative states after the Supreme Court overturned Roe v. Wade three years ago.
Adriana Smith, aged 30, was declared brain dead — a legal determination of death — in February, according to her mother, April Newkirk, who spoke with Atlanta TV station WXIA. Smith had experienced severe headaches and received treatment at Northside Hospital in Atlanta. The next day, her boyfriend found her gasping for air and called emergency services. Emory University Hospital diagnosed blood clots in her brain and declared her brain dead.
Now 21 weeks pregnant, Smith’s removal from life support could likely jeopardize the fetus. While Northside did not respond to inquiries, Emory Healthcare issued a statement noting that its practices align with expert consensus, medical literature, legal guidance, and Georgia’s abortion laws, ensuring patient safety and wellbeing.
Emory doctors informed Smith’s family that, under state law, life support cannot be discontinued since the law prohibits abortions once cardiac activity is detected, typically around six weeks into pregnancy.
The law was enacted in 2019 but only enforced after the 2022 Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, which allowed state-level abortion bans. Currently, twelve states enforce total abortion bans, while three, including Georgia, impose restrictions after approximately six weeks.
Georgia’s law allows exceptions if an abortion is essential to save the woman’s life, a point of ongoing legal and political discussion. This includes a significant Texas Supreme Court decision that applied the ban even amid major pregnancy complications.
Smith’s mother, Newkirk, and her family, including a five-year-old son, continue to visit her in the hospital. Newkirk revealed that doctors noted the fetus may have fluid on the brain, raising concerns about health outcomes.
Monica Simpson of SisterSong criticized the situation, advocating for the family’s right to make medical decisions, they face ongoing trauma, high medical costs, and a lack of resolution.
Bioethicists like Thaddeus Pope and Lois Shepherd argue that Georgia law doesn’t explicitly require continued life support for a brain-dead pregnant woman, indicating that legal mandates for life support may not apply.
The scenario aligns with a Texas case over a decade ago, wherein a brain-dead pregnant woman was maintained on life support until a judge intervened. Brain death during pregnancy is rare, with even fewer instances of intentional prolongation of pregnancy post-brain death.
Dr. Vincenzo Berghella, maternal-fetal medicine expert, highlights the medical and ethical complexities of such cases, noting that sustaining pregnancy poses significant challenges, with prolonged treatment averaging seven weeks before complications arise.
Georgia’s legal definition of personhood confers rights on a fetus, stating embryos and fetuses have equal rights to living individuals, as supported by Georgia state Sen. Ed Setzler. Setzler affirms the hospital’s actions, emphasizing the preservation of life and suggesting viable options such as adoption if the child survives.
Georgia’s abortion laws have sparked previous controversy, notably with reports of two women in Georgia experiencing fatal outcomes from complications related to abortion pills. These incidents have impacted national discourse, with Vice President Kamala Harris associating such outcomes with the restrictive abortion bans post-Dobbs.
