Hospital keeps brain-dead woman on life support due to Georgia abortion law

A Georgia woman declared brain dead in February remains on life support more than three months later—because she was eight weeks pregnant, and doctors say state abortion laws prevent them from removing the machines.

Adriana Smith, 30, a nurse and mother, began experiencing severe headaches in February. She went to Northside Hospital in Georgia but was sent home. The next morning, her boyfriend found her struggling to breathe. She was rushed to Emory University Hospital, where doctors found blood clots in her brain and declared her brain dead. At the time, she was eight weeks pregnant.

Now, over 90 days later, her body is still connected to machines to keep the fetus alive, even though Adriana is legally deceased.

Her mother, April Newkirk, says this situation is both heartbreaking and unnatural. “She’s pregnant with my grandson,” she told WXIA. “But he may be blind, may not be able to walk, may not survive once he’s born.”

The baby, now at 21 weeks, still has about three months to go before reaching a point where he could possibly survive outside the womb.

Georgia’s abortion law complicates end-of-life care

Georgia’s “heartbeat law,” passed in 2019 and enforced after Roe v. Wade was overturned, bans most abortions once a fetal heartbeat is detected—usually around six weeks. The law also defines a fetus as a “person,” which complicates situations like Adriana’s.

Doctors told the family that turning off life support would result in the death of the fetus, which could be considered an illegal abortion under state law.

But legal experts disagree. Thaddeus Pope, a bioethicist and legal scholar, says there is no clear requirement in Georgia law to keep a brain-dead pregnant woman on life support. “Removing the woman’s mechanical ventilation or other support would not constitute an abortion,” he explained.

Another expert, Lois Shepherd, noted that the legal landscape has changed drastically since Roe v. Wade was overturned. “Pre-Dobbs, a fetus didn’t have any rights… but now we don’t know,” she said.

Family trapped in legal and emotional limbo

For Adriana’s family, the situation feels like a nightmare with no end. “It’s torture for me,” her mother says. “I see my daughter breathing, but she’s not there.”

Her five-year-old grandson still visits the hospital, unaware that his mother is gone in every way but physically. The family says they’re unable to begin grieving or move forward.

On top of that, they’re facing growing medical bills for care they did not choose and cannot stop. “We’ve endured over 90 days of retraumatization,” said Monica Simpson, a reproductive rights advocate and executive director of SisterSong. “Her family deserved the right to make decisions about her medical care.”

April Newkirk also questions whether better treatment early on could have saved her daughter. “They gave her some medication, but they didn’t do any tests. No CT scan. If they had, they would have caught it. It could have been prevented.”

Lawmaker defends the hospital’s actions

Republican state Sen. Ed Setzler, who helped write Georgia’s abortion law, supports the hospital’s choice. “I think it is completely appropriate that the hospital do what they can to save the life of the child,” he said, even suggesting the family could consider adoption if the baby survives.

This painful story has sparked national debate about how far laws should go in protecting unborn life—especially in tragic, medically complex situations. Should a legally dead woman be kept alive against her family’s wishes? Who gets to decide when life support becomes cruel rather than compassionate?

As Georgia—and the nation—grapples with what reproductive rights look like after Roe, Adriana Smith’s story is a heartbreaking example of how the law can leave families stuck between life, death, and what comes next.