A Mother Says Her Pregnant Daughter Is Being Kept Alive Due to an Abortion Ban—Even Though She’s Been Declared Brain Dead

A woman named April Newkirk said she is being forced to keep her pregnant daughter, Adriana Smith of Georgia, alive due to the state’s abortion ban, even though doctors have declared Smith brain dead.

Smith, Newkirk’s 30-year-old daughter, has been kept alive for more than 90 days through “intensive medical intervention,” according to local Atlanta news outlet 11Alive. Doctors have reportedly informed Newkirk they believe they legally must keep her daughter alive until the baby can survive outside the womb.

Newkirk said she was given no choice in the matter of her daughter’s care due to the state’s abortion ban. She told local news outlets that the past three months have been “torture” as she visits her daughter in the hospital, knowing that she is gone.

Here’s everything we know about the case.

What happened to Adriana Smith of Georgia?

According to 11Alive, Smith, a registered nurse and mom to a young boy, began experiencing intense headaches in early February. She was nine weeks pregnant at the time.

The severity of the headaches indicated to Smith that “something was wrong,” so she visited a local hospital. According to her mother, Smith was given medication and released without any additional tests.

Newkirk said that the next morning, Smith’s boyfriend woke to her gasping for air in her sleep and making “gurgling noises.” He called 911, and Smith was rushed to the hospital. She was later transferred to Emory University Hospital, where she worked.

A CT scan revealed multiple blood clots in her brain, according to 11Alive. Her mother said she consented to a procedure that would “relieve pressure,” but doctors later called her back to say that they could not move forward. Newkirk said she was told her daughter was brain dead.

“If they had done [a CT scan] or kept her overnight, they would have caught it,” Newkirk said of Smith’s initial hospital visit. “It could have been prevented.”

What will happen with Smith’s pregnancy?

Smith’s mother said that doctors told the family they were not legally allowed to consider other options besides keeping her daughter alive, due to Georgia’s strict abortion law. According to Newkirk, doctors have decided to keep Smith alive for at least another 11 weeks, until she reaches about 32 weeks gestation, at which point the baby might be able to survive outside the womb.

“She’s been breathing through machines for more than 90 days,” Newkirk said. “It’s torture for me. I see my daughter breathing, but she’s not there. And her son—I bring him to see her.” Newkirk said her grandson believes his mom is just “sleeping.”

When asked if her daughter would have chosen to continue the pregnancy were she given the choice, Newkirk said she isn’t sure. However, she said it was the inability to make medical decisions in a crisis that was the biggest blow, adding to the family’s trauma.

What is the law in Georgia?

Georgia’s “heartbeat law,” which was passed in 2019, bans abortion after the existence of a “detectable human heartbeat” in the fetus, usually around six weeks. According to Abortion Finder, the law includes limited exceptions for rape, incest, or if the mother’s life is in danger.