Brain dead Georgia woman kept alive for child birth finally taken off life support; critics slam foetal rights laws

The case of a brain dead woman from Georgia, US, whose premature ba recently delivered through C-section, has hit global headlines and not just for the rarity of her case but due to a debate over abortion rights and medical ethics in the country.ARTICLE CONTINUES BELOW VIDEO
Adriana Smith’s mother April Newkirk told local news outlet 11Alive that her daughter’s ba, Chance, was delivered on June 13. However, she added that while she is happy that the child was born, the decision to allow Smith be kept on life support should have been left to the family. Newkirk said, “We didn’t have a choice or a say about it.”
Smith was removed from life support on June 17.
Chance, alarmingly, weighs under a kilo and remains in the neonatal intensive care unit according to multiple reports.
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“He’s expected to be OK,” Newkirk was quoted 11Alive as saying. “He’s just fighting. We just want prayers for him. Just keep praying for him. He’s here now.”
What had happened
A nurse herself, Smith’s condition began in February, when she visited a hospital with what she believed was a severe headache. After being discharged with medication, the 31-year-old expecting mother had to be rushed to a different hospital the next day gasping for air. The doctors at Emory University Hospital discovered blood clots in her brain, and within hours, she was declared brain dead.
The issue gained national attention and sparked outrage when Smith’s family revealed that doctors informed them about Georgia’s six-week abortion ban, which includes foetal personhood language, required Smith to be kept alive to support the pregnancy.
Before Chance’s birth, Newkirk had said, “We want the ba. That’s a part of my daughter. But the decision should have been left to us – not the state.”
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Newkirk said physicians told her they were legally obligated to keep Smith on life support, although the hospital declined to comment on specific details due to privacy regulations.
In a statement to AP, the hospital said it relies on “uses consensus from clinical experts, medical literature, and legal guidance to support our providers as they make individualized treatment recommendations in compliance with Georgia’s abortion laws and all other applicable laws. Our top priorities continue to be the safety and wellbeing of the patients we serve.”
What critics say
Critics argue such laws risk elevating foetal rights above those of the person carrying the pregnancy.
Georgia Attorney General Chris Carr’s office later clarified that the state’s abortion ban does not mandate medical staff to keep brain-dead pregnant women on life support. “Removing life support is not an action with the purpose to terminate a pregnancy,” said Carr’s spokesperson, Kara Murray in a statement cited The Guardian.Story continues below this ad
Newkirk reflected on the tragedy and said, “I’m her mother,” she said. “I shouldn’t be burying my daughter. My daughter should be burying me.”
In 2019, Georgia’s Republican Governor Brian Kemp approved a law imposing a near-total ban on abortions. However, the legislation only came into force after the US Supreme Court overturned the Roe vs Wade decision in 2022, which had previously ensured a constitutional right to abortion for women.
Georgia continues to lag behind in healthcare performance, consently ranking among the lowest in the nation. WalletHub’s 2024 report on the Best & Worst States for Health Care places the state near the bottom in terms of both quality and access.
Even among residents with employer-sponsored insurance — which covers over half the state’s population — affordability remains a major concern. A recent Curative Insurance Company survey revealed that 41% of working adults in the Atlanta metro area have postponed medical care due to cost, while 50% admitted to not filling prescriptions despite having insurance. These delays often result in more severe health issues and increased long-term expenses.