State’s abortion law forces 30-year-old woman to be kept alive three months after being declared brain-dead, family says
A 30-year-old nurse, legally dead for months, remains on life support in Georgia — not for her own recovery, but because doctors say the state’s abortion law leaves them no other choice. The fetus growing inside her, now at 21 weeks, is the reason she cannot be allowed to die.
Her name is Adriana Smith. Her mother calls the situation “a nightmare with no end.”
Smith’s case has reignited a painful conversation in Georgia and across the country, three years after the fall of Roe v. Wade, about what it means when laws treat embryos and fetuses as having full legal rights — even after the woman carrying them has died.
A Medical Emergency Becomes a Legal Quagmire
In February, Adriana went to Northside Hospital in Atlanta complaining of severe headaches. Doctors gave her some medication and sent her home.
But the next morning, she was gasping for air. Her boyfriend called 911. Doctors at Emory University Hospital later diagnosed her with cerebral blood clots.
By the time the family gathered, it was already too late. She had lost all brain activity. Physicians officially declared her brain-dead — the legal definition of death.
Why? Because she was pregnant when her body failed. And under Georgia’s 2019 “heartbeat” law, life begins the moment fetal cardiac activity is detected — typically around six weeks. The law effectively bans most abortions after that point.
“My Daughter Is Gone, But the Law Won’t Let Her Rest”
Adriana’s mother, April Newkirk, told Atlanta’s WXIA that her daughter’s body has been artificially sustained ever since, solely for the fetus’s development.
“She’s gone. Her brain is not functioning. But they keep her body going like she’s just in a coma,” Newkirk said. “They’re not doing this for her — they’re doing it because they say the baby’s still alive.”
She said doctors told the family that removing life support would risk the fetus’s death — which could be considered an unlawful abortion under state law.
Newkirk says the family was never given a choice. They weren’t even sure they understood the rules.
No Clear Answers, Only Legal Silence
Georgia’s abortion law does not specifically address pregnancy in brain-dead women. It doesn’t explain what hospitals should do in these cases, either.
But the ambiguity is exactly the problem, said legal experts contacted by GPB News.
“It puts providers in an impossible situation,” said a medical ethics lawyer familiar with similar cases. “They could face civil or criminal liability if they allow the death of a fetus, even if the mother is already legally dead.”
One hospital official told the family that without a court order or legislative guidance, doctors wouldn’t dare withdraw support.
There is no record of a judge being asked to intervene.
Fetal Rights vs. Bodily Dignity: A Tense Stand-Off
Cases like Adriana Smith’s were once rare. Now, they’re becoming more common — and more public.
Since Dobbs v. Jackson Women’s Health Organization overturned Roe in 2022, states like Texas, Alabama, and Georgia have implemented sweeping abortion restrictions that grant fetuses legal standing much earlier than before.
“This is not what Adriana would have wanted,” Newkirk said. “She was a nurse. She believed in quality of life. Not this.”
Community Response: Quiet Outrage and Growing Support
The story has only recently come to light, but it’s already drawing emotional reactions.
Social media posts from friends and colleagues show heartbreak and disbelief. Many call Adriana “bright,” “kind,” and “strong-minded.”
Some express shock at the legal entrapment her body has become.
“She died three months ago,” one commenter wrote. “But the state won’t let her rest because it wants to keep using her womb like an incubator.”
A few others have raised funds to support the family — and possibly a legal battle.
• One GoFundMe effort, started quietly, had raised over $15,000 by Thursday afternoon
• Advocacy groups are now pushing for transparency from the hospitals involved
• Women’s rights organizations are preparing statements and legal memos
The family hasn’t ruled out suing the state or challenging the law in court.
What’s Next for the Baby — And the Family Left Behind?
Adriana’s fetus is currently at 21 weeks. That’s just beyond the halfway point of a typical pregnancy.
Doctors told the family that it could take another two months before the baby is viable outside the womb. Until then, Adriana’s body remains hooked to machines.
If the fetus survives and is delivered, it will likely need intensive care. Premature babies born between 24–26 weeks often face serious medical complications.
There’s no roadmap for what happens after that.
For now, April Newkirk spends her days in hospital waiting rooms. She’s been asked to consider funeral plans for her daughter — while also facing the possibility of becoming a guardian to a grandchild who hasn’t been born yet.
“She had a name. A career. A son who misses her. She wasn’t just a vessel,” she said through tears. “They’ve taken her dignity. And for what?”
