A Georgia family’s months-long struggle surrounding a critically ill pregnant woman has taken a profound turn, deepening both their personal loss and a broader legal debate.
driana Smith, a metro Atlanta nurse who was declared brain dead in February, has delivered her baby boy. Her family confirmed that the infant, named Chance, was born prematurely by emergency Cesarean section on Friday, June 13, at 4:41 a.m.
Chance, who weighs about 1 pound 13 ounces, is currently in the Neonatal Intensive Care Unit. “He’s expected to be OK,” said Smith’s mother, April Newkirk. “He’s just fighting. We just want prayers for him. Just keep praying for him. He’s here now.”
Newkirk shared that Smith will be taken off life support on Tuesday, June 17. “It’s kind of hard, you know. It’s hard to process.” Fighting back tears, she added, “I’m her mother. I shouldn’t be burying my daughter. My daughter should be burying me.”
Smith, whose loved ones celebrated her 31st birthday over the weekend, had been on life support for nearly four months. According to her mother, she was nearly nine weeks pregnant in early February when she began experiencing severe headaches.
She sought help at Northside Hospital but was discharged after being given medication. “They gave her some medication, but they didn’t do any tests. No CT scan,” Newkirk explained. “If they had done that or kept her overnight, they would have caught it. It could have been prevented.”
The next morning, Smith’s boyfriend found her gasping in her sleep. He called 911. Smith was taken to Emory Decatur and later transferred to Emory University Hospital, where she worked. A CT scan revealed multiple blood clots in her brain.
Newkirk said she consented to a procedure to relieve the pressure but was later informed it couldn’t be performed. Smith was declared brain dead on February 19. Her son, who is seven years old, has been at her side throughout and still believes she is only sleeping.
Doctors initially planned to deliver the baby at 32 weeks. However, the emergency C-section was required earlier due to complications. Newkirk stated the family is now trying to support both children and navigate the emotional impact of the last few months.
Smith’s case drew national attention for its legal implications. Her family revealed that the doctors told them they were obligated to keep her on life support due to Georgia’s abortion law, House Bill 481, also known as the LIFE Act.
Passed in 2019 and enacted after Roe v. Wade was overturned, the law bans most abortions once cardiac activity is detected, around six weeks into pregnancy.
Although the law permits abortion to protect the life or physical health of the pregnant woman, it does not explicitly cover cases involving brain death. Georgia is among several states with similar early-term abortion bans. Twelve others ban abortion entirely.
In a statement issued in May, the Georgia Attorney General’s Office clarified the law.
“There is nothing in the LIFE Act that requires medical professionals to keep a woman on life support after brain death,” stated spokesperson Kara Murray. “Removing life support is not an action with the purpose to terminate a pregnancy.”
Despite that clarification, confusion persists. Emory Healthcare has only mentioned that it made its decision based on “Georgia’s abortion laws and all other applicable laws.”
Legal experts, including law professor David S. Cohen of Drexel University, say the law’s definition of fetal personhood may have influenced the hospital’s actions. Cohen noted that Smith and the fetus may have been considered separate patients once she was placed on life support.
State Representative Nabilah Islam Parkes, an Atlanta-area Democrat, recently sent a letter to the state attorney general requesting a formal opinion on how Georgia’s abortion laws apply to brain-dead pregnant women.
She has publicly declared, “These are not small contradictions. These are life and death contradictions.”
Newkirk has voiced frustration about how the law impacted their ability to make medical decisions. “I’m not saying we would have chosen to terminate her pregnancy. But I’m saying we should have had a choice,” she expressed.
After the birth, she maintained that view, saying, “I think all women should have a choice about their body. And I think I want people to know that.”
Smith, a registered nurse, was passionate about her profession. “The same field that she worked in is the same people that failed her,” Newkirk lamented.
Describing her daughter, Newkirk shared that Smith was deeply involved in her older son’s life, adding, “She loved to travel, she loved her family. She’s a good mom. And she wanted to advance her education. She loved people.”
She further stated that messages from former patients have underscored Smith’s impact: “Someone wrote me on Facebook, said that she took care of them … (during a) lung transplant and she was amazing. And even after she wasn’t their nurse, she still continued to check on them.”
Smith’s family continues to raise funds through a GoFundMe campaign organized by Newkirk to cover medical expenses and long-term care for her children.
The fundraiser describes the situation as one where the family had “no say” due to the state’s abortion law and highlights their ongoing financial and emotional strain. More than $206,000 has been raised toward a $275,000 goal so far, with more donations expected to pour in soon.
As the family prepares to say goodbye to Smith, they continue to seek support for her children and call for clarity in medical decision-making laws.
