A Brain-Dead Woman Is Being Kept on Machines to Gestate a Fetus. It Was Inevitable.
Right now in an Atlanta hospital room lies a 30-year-old nurse and mother, Adriana Smith. Ms. Smith, who is brain-dead, has been connected to life support machines for more than 90 days. Ms. Smith is pregnant.“We didn’t have a choice or a say about it,” Ms. Smith’s mother told a local news outlet. “We want the baby. That’s a part of my daughter. But the decision should have been left to us — not the state.”After the Supreme Court overturned Roe v. Wade in 2022, Georgia banned almost all abortions in cases where a fetus has a “detectable human heartbeat.” Legislators did not seem to have considered a situation in which a pregnant woman is legally dead. In this case there is much we do not know: What exactly did the hospital tell Ms. Smith’s family? What did they feel they could do in the case where a fetus continued to grow in the body of a woman who was brain-dead? Would they have counseled this family differently about their options before the fall of Roe?Reproductive justice advocates have long been clear that abortion law is never only about abortion. It is about the exercise of control over all pregnant women, regardless of whether they plan to carry their pregnancies to term. That’s why the anti-abortion movement has pursued a broad agenda of legal personhood for embryos and fetuses. Though not all who cheered the fall of Roe might have understood the full ramifications of the decision, this kind of catastrophic event was inevitable, given the expansive and imprecise laws written by legislators who generally lack medical expertise, and the inability of politicians to fully predict every emergency situation.The few facts of the case, as far as the public knows, are this: Ms. Smith was about nine weeks pregnant when she sought medical assistance for severe headaches, her mother told local news. She was sent home with medication. The next morning Ms. Smith was in distress and was rushed to the hospital. A CT scan discovered multiple blood clots in her brain. She was declared brain-dead, but her fetus’s heart continued to beat.When faced with the deleterious effect of restrictive abortion laws on women, legislators and anti-abortion advocates have often blamed doctors or lawyers for misinterpreting those laws. Already, Georgia officials are divided over whether Ms. Smith’s barbarous condition is insisted upon by the law.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More