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Pregnant US woman declared brain dead is being kept alive under state abortion law

Doctors are keeping Adriana Smith on life support months after medical emergency until baby is ready, family says

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A pregnant Georgia woman was declared brain dead following a medical emergency and has been on life support for three months now to give her baby enough time to be born and comply with Georgia’s strict anti-abortion law, according to her family members.

She could remain in that state for several more months.

This case is the latest offshoot of abortion bans imposed in some states since the U.S. Supreme Court struck down the nation’s abortion rights guaranteed by the landmark Roe v. Wade ruling in 2022.

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

Newkirk said her daughter had been suffering from severe headaches for more than three months and went to Northside Hospital in Atlanta, where she received treatment and was released. The next morning, her boyfriend woke up to find 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. The removal of breathing tubes and other life-saving devices will likely result in the death of the fetus.

Northside did not respond to a request for comment Thursday. Emory Healthcare said it could not comment on individual cases due to privacy concerns, but issued a statement saying it “relies on the consensus of clinical experts, medical authorities, and legal counsel to help its providers make individualized treatment recommendations in accordance with Georgia abortion law and all other applicable laws. The safety and well-being of the patients we serve remains our top priority.”

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Smith’s family says Emory doctors told them they were not allowed to turn off or remove the machines keeping her breathing because state law prohibits abortions after fetal cardiac activity is detected, usually around the sixth week of pregnancy.

The law was passed in 2019 but was not implemented until Dobbs v. Jackson of the Women’s Health Organization in 2022, opening the door to state-level abortion bans. Twelve states prohibit abortion at all stages of pregnancy, while three other states have bans, like Georgia’s, that take effect after approximately six weeks.

As in other states, Georgia’s ban includes an exception if the abortion is necessary to preserve the woman’s life.

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

Newkirk told WXIA that doctors told the family there was fluid in the fetus’s brain and they were concerned about her health.

“She’s pregnant with my grandson,” Newkirk said. “But he might be blind, he might not be able to walk, and he might not survive after birth.” The family did not specify whether they wanted Smith taken off life support.

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

“His family had the right to make decisions about his medical care,” Simpson added in a statement. “But they endured more than 90 days of trauma, enormous medical bills, and the cruelty of not being able to find closure and move forward with healing.”

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