Adriana Smith and laws about pregnant patients on life support
[5/22/25 update: We hosted a livestream discussion of the details of this case.]
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[5/20/25 update: In a follow up interview, Adriana Smith’s mother, April Newkirk, emphasized said they’ve named Smith’s unborn son Chance, and said “We want that baby. That’s part of my daughter.” We discuss in video here. If you’d like to support Smith’s family, they have a fundraiser here.]
Adriana Smith was 9 weeks pregnant when she sought medical treatment for severe headaches. Medical providers gave her medication but didn’t realize Smith had multiple blood clots in her brain until it was too late. Smith was declared brain dead about 3 months ago. A Georgia hospital has been keeping her on life support since, and her son is now about 21 weeks. Doctors are hoping to get him to 32 weeks.
These situations are rare, but not entirely unprecedented. One systematic review found that, in 35 cases of maternal brain death, 77% of neonates were born alive and 85% of those born alive had normal outcomes by 20 months after birth. However, in this study the mothers experienced brain death on average closer to 20 weeks gestation and were on life support for an average of about 7 weeks. Smith was only 9 weeks pregnant when she was declared brain dead, and she’s already been on life support for over 12 weeks. It’s certainly possible her son could be born alive and healthy, but the odds aren’t clear.
Smith’s family said doctors told them they can’t take Smith off life support due to Georgia’s abortion law. Media coverage doesn’t quote any doctors, attorneys, or any experts involved in either Smith’s case or Georgia law generally.
Georgia 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…” Removing life support would not involve “administering” anything. It’s not clear Georgia’s abortion law is actually the issue here.
It’s more likely that Georgia’s law regarding withdrawing life support for pregnant patients is the issue. GA Code § 31-32-9 states that doctors can’t withdraw life support from pregnant patients unless both (1) the fetus isn’t viable and (2) the patient had an advanced directive explicitly stating she wanted withdrawal of life-sustaining measures.
Note this code isn’t a result of Dobbs. It was enacted 15 years prior, in 2007. Most states have similar measures, including pro-choice states such as Alaska, Colorado, Illinois, Nevada, New Hampshire, and Pennsylvania.
So far I haven’t seen media coverage — or abortion advocates — make any mention of what Smith herself would have wanted in this situation. (I find it’s pretty common for abortion advocates to not seriously consider that some women would not want our unborn children to die, even if it costs us.) If abortion advocacy were primarily about autonomy, you’d think Smith’s likely perspective would be worth at least considering.
I also haven’t so far seen any mention of the perspective of Smith’s boyfriend, her son’s father.
There is discussion of the perspective of Smith’s mother, April Newkirk, who is upset that doctors said it’s not ultimately up to Smith’s family whether to take her off life support. Still even Newkirk says that, had it been the family’s choice, they “might not have chosen to end the pregnancy.”
It’s a testament to how very little abortion advocates value unborn children, that even in a case where the woman (1) cannot be harmed by continuing the pregnancy and (2) may very well have wanted her child to live, the framing is outrage that her son’s life is prioritized.
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