Fetal 'heartbeat' law keeps pregnant brain-dead woman alive
Share and Follow

News footage of Emory University Hospital in Atlanta, Ga. where Adriana Smith is being kept alive until her unborn baby can be delivered (WXIA).

A Georgia mother told a local news outlet that her pregnant daughter was declared brain-dead in February, but the state’s anti-abortion laws are forcing her to stay on life support until her fetus can be delivered.

The mother of Adriana Smith, 30, spoke with WXIA, a local NBC affiliate, to share a story that they call “torture.” April Newkirk told the station that when her daughter was nearly nine weeks pregnant in February, she began experiencing severe headaches and went to the hospital. Hospital staff sent Smith home with medication — no CT scan, no further observation, Newkirk said.

The next morning, Smith’s boyfriend woke to find her gasping for air and gurgling, and he called 911. When she arrived at the hospital, a CT scan revealed several blood clots in her brain.

Love true crime? Sign up for our newsletter, The Law&Crime Docket, to get the latest real-life crime stories delivered right to your inbox. 

Newkirk told WXIA that if her daughter had received a CT scan or been admitted to the hospital when she first went in, “they would have caught it. It could have been prevented.”

Doctors asked for Newkirk’s permission to perform a procedure to relieve pressure on her brain, and she granted it. “Then they called me back and said they couldn’t do it,” Newkirk told WXIA.

Smith was declared brain-dead, with no hope of recovery. However, because she was almost nine weeks pregnant, Georgia’s so-called “heartbeat law” forbids the medical termination of a pregnancy after a fetal heartbeat can be detected, which can be as early as six weeks of gestation. And because Smith is no longer seen as being at risk because of her lack of brain activity, she is being forced to stay on life support until her fetus is considered viable, possibly until 32 weeks of gestation. Smith is reportedly 21 weeks pregnant as of this writing.

Newkirk told WXIA, “It’s torture for me. I see my daughter breathing, but she’s not there. And her son — I bring him to see her.” WXIA reported that Smith’s young son believes his mother is simply sleeping.

The station reported that the medical staff informed Newkirk that the family legally has no say when it comes to her daughter’s treatment.

As for Smith’s fetus, doctors said that the unborn child already has water on the brain and may be born with severe health issues. Newkirk told WXIA, “[H]e may be blind, may not be able to walk, may not survive once he’s born.”

Newkirk stated that while the family may not have chosen to end Smith’s pregnancy, the trauma of not having a choice is something that has only made the tragic situation worse for them. She told WXIA, “This decision should’ve been left to us. Now we’re left wondering what kind of life he’ll have — and we’re going to be the ones raising him.”

To add to their pain, the longer the hospital keeps Smith alive, the more tenuous their financial situation becomes. Newkirk said, “[E]very day that goes by, it’s more cost, more trauma, more questions.”

Share and Follow
You May Also Like

Daughter Accused of Murder Following Denial of Mother’s Medically Assisted Suicide Request

A Florida woman is facing serious charges after allegedly taking her mother’s…

Judge Criticizes Trump Administration’s Ambiguous Policies on Medicaid Data Sharing with ICE, Permits Limited Information Release

Background: Immigration and Customs Enforcement agents in Denver, Colorado (KDVR/YouTube). Inset: President…

Tragic Incident: Grandson Brutally Attacks 81-Year-Old Cancer Survivor Grandmother in Her Home

Background: The 8500 block of Jenny Drive in St. Louis, Missouri (Google…

Unmasking the Chaos: Biden-Appointed Judge Faces Allegations of Bullying and Unhinged Conduct

Left: President Joe Biden gives remarks on student debt relief at Delaware…

Mother of Four’s Request for Protection Left Unaddressed at Courthouse Before Tragic Fatal Shooting by Husband in Front of Children

Inset: Jeri Mains (GoFundMe). Background: The Indiana home where Jeri Mains was…

Urgent Alert: Trio of Texas Teen Girls Mysteriously Disappear in San Antonio in Just One Week

Authorities in Texas are intensifying their efforts to locate a 14-year-old girl…

Former Reality TV Personality Tony McCollister Faces Disturbing Animal Abuse Charges

In a disturbing case that has captured attention, Ohio authorities have taken…

Florida Woman Faces Charges in Alleged Assisted Suicide of 97-Year-Old Mother

A Florida woman, aged 66, faces murder charges following the death of…