In a case that has reignited debate and controversy over US abortion laws, a 30-year-old woman – who has been declared brain-dead – is being kept on life support against her family’s wishes, but according to the law, because she is pregnant.
Adriana Smith, a registered nurse from Georgia, was nine weeks pregnant when she started having severe headaches in February, said her mother, April Newkirk.
TimesLIVE reports that Smith sought medical help at a hospital but was allegedly sent home with medication and no further testing.
“They gave us some medication, but they didn’t do any tests, didn’t do any CAT scans. If they had, they would have caught it,” Newkirk told NBC News.
The next morning, Adriana’s boyfriend realised something was wrong as she was gasping for air and appeared to be choking, possibly on blood. She was taken to hospital where doctors did a CT scan and discovered extensive blood clots in her brain.
“They asked if they could do a procedure to relieve the clots, and I said yes. Then they called me back and said they couldn’t do it,” said Newkirk.
Shortly afterward, Adriana was declared brain-dead. Despite her condition, Georgia’s “heartbeat” abortion law requires that she remain on life support to carry the foetus, now around 22 weeks, to term.
The law, which was signed in 2019, bans abortion after a heartbeat is detected, typically around six weeks and well before many women even realise they are pregnant.
While the law includes limited exceptions for rape, incest and medical emergencies, it does not explicitly address scenarios where the mother is already legally brain-dead.
Newkirk voiced concern about the baby’s future health, as doctors warn that the foetus may suffer severe complications due to Adriana’s condition and the lack of oxygen during the trauma.
“She’s pregnant with my second grandson, but he may be blind, may not be able to walk, may be wheelchair bound. We don’t know if he’ll live once she has him,” she said.
For Newkirk, the most heartbreaking part is not just her daughter’s condition but the loss of agency over Adriana’s care.
“It should have been left up to the family. I’m in my 50s. Her dad is in his 50s. We’re going to have the responsibility with her partner to raise her sons,” she said. “I’m not saying that we would have chosen to terminate her pregnancy. I’m saying we should have had a choice.”
Georgia is one of several states that enacted restrictive abortion bans after the US Supreme Court’s 2022 decision to overturn Roe v Wade. The state has at least 11 abortion providers, according to the National Abortion Federation.
Similar “heartbeat bills” have been passed in Mississippi, Kentucky and Ohio.
This case has ignited renewed debate over abortion rights, patient autonomy and how states interpret medical decisions in cases involving brain death and pregnancy. Advocates warn that laws like Georgia's fail to account for the complexities of real-life medical crises.
See more from MedicalBrief archives:
US sterilisations double after Roe v Wade overturned
Roe vs Wade: US abortion rights’ ruling could hurt women worldwide
Biden pleads to Congress to pass law protecting abortion rights
US doctor threatens defamation suit over 10-year-old’s abortion case