‘Heartbeat law’ explained as pregnant woman who has been declared brain dead is forced to be kept alive despite family's wishes
Jess Hardiman
Featured Image Credit: WXIA
A pregnant woman who was declared brain dead has sparked a huge debate in the US, having been forced to be kept alive despite her family’s wishes.
Adriana Smith, from Atlanta in Georgia, was nine weeks pregnant when she started experiencing headaches in February this year.
It was later revealed that she had multiple clots in her brain, but by that point, it was sadly too late to save her.
Smith was later declared brain dead, but has since been kept alive on a ventilator – a choice that was out of her family’s hands thanks to controversial legislation in Georgia.
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Back in 2022, Georgia’s Supreme Court reinstated a ban on abortions after six weeks into pregnancy – typically when a fetal heartbeat can be detected.
The ban means Smith’s family are legally unable to make any decision on her fate, as they are being forced to keep her alive until her child is born.
While babies can survive outside the womb at 32 weeks, Smith is currently only at 21 weeks.
This means that, more than 90 days after falling ill, she must remain on life support – something her family naturally find hard to witness.
Smith’s mum, April Newark, told WXIA that doctors didn’t do any tests on her daughter when she first visited doctors, who sent her off with medication for the headaches.
“If they had done that or kept her overnight, they would have caught it,” she claimed. “It could have been prevented.”
Smith’s situation makes it clear that there is a lot of legal and ethical grey area within the divisive law.
“I think every woman should have the right to make their own decision, and if not, then their partner or their parents,” Newkirk said.
“I’m not saying we would have chosen to terminate her pregnancy, but what I’m saying is we should have had a choice.”
She added: “It’s torture for me. I come here, and I see my daughter breathing on a ventilator, but she’s not there."
The plan is for doctors to try and keep Smith alive until her baby can survive outside the womb - with 32 weeks being a viable aim.
But Newkirk worries for her grandchild's health in such extreme circumstances.
“She’s pregnant with my grandson, but my grandson may be blind, may not be able to walk, wheelchair bound," she said.
"We don’t know if he’ll live once she has him. It should have been left up to the family.”