Georgia’s LIFE Act is killing at least one family, as it keeps a brain-dead woman on life support against the wishes of her family—all because she was nine weeks pregnant at the time of her death.
Atlanta mother Adriana Smith has been transformed into a human incubator due to Georgia’s heartbeat law, which bans abortions once a heartbeat is detected in the fetus. That can happen as early as six weeks into pregnancy, making it one of the most restrictive abortion bans in the nation. One in three people discover they’re pregnant at the sixth week of pregnancy or later, according to the University of California San Francisco’s Bixby Center for Global Reproductive Health.
Smith, a 30-year-old registered nurse for Emory University Hospital, was declared brain-dead more than 90 days ago. In early February, she began experiencing intense headaches and sought treatment at Northside Hospital, where she was given medication and released.
“They gave her some medication, but they didn’t do any tests. No CT scan,” Smith’s mother, April Newkirk, told 11AliveNews. “If they had done that or kept her overnight, they would have caught it. It could have been prevented.”
Smith woke up the following morning gasping for air. Two hospital trips later, CT scans at Emory University Hospital revealed multiple blot clots in her brain.
“They asked me if I would agree to a procedure to relieve the pressure, and I said yes,” Newkirk said. “Then they called me back and said they couldn’t do it.”
Smith had been declared brain-dead, but the state is the one not letting her go—and her family is having to foot the mounting hospital bills.
Smith’s medical team is legally required to keep her alive until they believe the fetus can survive outside of the womb, at approximately 32 weeks’ gestation. Doctors advised Smith’s family that they are not legally allowed to consider alternatives, reported 11Alive. Newkirk said Smith is currently 21 weeks pregnant.
“I think every woman should have the right to make their own decision,” said Newkirk, who described seeing her daughter’s still-breathing body as “torture.”
“And if not, then their partner or their parents.”
Georgia’s LIFE Act bestows legal personhood on unborn fetuses. It was passed in 2019 and went into effect after Roe v. Wade was overturned by the Supreme Court in 2022.
Pro-abortion activists have long warned that fetal personhood, an ideology that calls for providing equal human rights to a fetus (even if it’s just a cluster of cells), will effectively strip pregnant people of their own rights. The legal language behind fetal personhood also effectively categorizes any person receiving an abortion at any stage as a murderer.
“How many different ways can they prove to us that they do not see us as human beings?” asked abortion columnist Jessica Valenti in a video reacting to the news of Smith’s situation. “You are a vessel, you are an incubator, but you are most certainly not a human being.”
“Corpses have more rights than a pregnant person in these states with abortion bans,” Valenti continued. “How many families are they going to devastate?”
The language of “fetal personhood” has already reached the national stage by way of sneakily drafted executive orders. One of dozens of executive orders signed by Donald Trump the evening of his inauguration cemented language at the executive level to delegitimize transgender identities. But within the fold of that order, titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government,” the Trump administration also decided to legally brand a person’s gender identity as beginning “at conception.”
“‘Female’ means a person belonging, at conception, to the sex that produces the large reproductive cell,” the order read in part. “‘Male’ means a person belonging, at conception, to the sex that produces the small reproductive cell.”
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