Hospital keeps brain-dead woman alive to save unborn baby, citing Georgia law ... HURRAH!

By Amira Abuzeid

CNA Staff, May 16, 2025 / 10:39 am

A Georgia hospital is requiring that a pregnant woman who was declared brain dead more than 90 days ago remain on life support until the birth of her unborn child.

In February, doctors declared 30-year-old Adriana Smith, a nurse who was nine weeks pregnant, brain dead after discovering multiple blood clots in her brain.

According to Smith’s mother, April Newkirk, after visiting the hospital complaining of painful headaches, Smith was “given medication” and sent home. Smith’s boyfriend found her “gasping for air” the next morning and called 911. After a CT scan, doctors discovered the blood clots and eventually determined nothing could be done.

Emory University Hospital in Atlanta informed Newkirk that due to Georgia state law, because Smith is brain dead and no longer considered at risk, her medical team is legally required to keep her on life support until her unborn child can survive outside the womb.

Smith’s family, including her young son, visits her in the hospital regularly. Newkirk told 11Alive that seeing her daughter, who is now 21 weeks pregnant, “breathing through machines” the last three months has been “torture.”

Newkirk said not having any choice in the matter has been difficult. She also said she is concerned about raising both her grandsons and the mounting medical costs.

“They’re hoping to get the baby to at least 32 weeks,” Newkirk said of Smith’s doctors. “But every day that goes by, it’s more cost, more trauma, more questions.”

Georgia law prohibits abortion once a fetal heartbeat is detected, usually around the sixth week of pregnancy. While removing life support from a pregnant woman is not a direct abortion, Smith’s situation is not clear from a legal perspective.

The law defines abortion as “the act of using, prescribing, or administering any instrument, substance, device, or other means with the purpose to terminate a pregnancy with knowledge that termination will, with reasonable likelihood, cause the death of an unborn child.”

State Sen. Ed Setzler, lead sponsor of the Georgia law while he served in the state House of Representatives in 2019, told CNA that he is glad “the hospital is seeking to stabilize the child.” 

In Setzler’s opinion, the hospital’s reading of the law “is not inconsistent with the way the statute is crafted because of the direct foreseeability that ending the mother’s life ends the life of the child,” though “you could argue that the removal of the life support of the mother is a separate act” from an abortion.

While the Catholic Church teaches that direct abortion is always wrong, in a case like Smith’s, it is “complicated,” Joseph Meaney, senior fellow at the National Catholic Bioethics Center (NCBC), told CNA.

Meaney said the Church recognizes that in cases like Smith’s, where there is no clear teaching, a “discernment of conscience” is required. He said these situations can “reach a threshold of disproportionate burdens,” which can include financial considerations. 

Another NCBC ethicist, Joe Zalot, told CNA that Smith’s case is a question of prudential judgment. Removing Smith from life support “without the direct intent to kill her unborn child” is not an abortion, he said.

However, Zalot continued, “when a woman is pregnant, doctors will say they are treating two patients. In this case, you have one patient, the mother, who is deceased, and another patient who is alive.”

“The question is, if it can be demonstrated that we are not harming the mother,” Zalot said, “can we give the unborn child an opportunity to live?”

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In the end, Meaney said, “the state of Georgia says it has state interest in the life of the child, and they’re stepping in.”

Emory Healthcare did not respond to CNA’s request for comment.