ATLANTA (WXIA) - A 30-year-old mother and nurse was declared brain dead months ago, but she is still being kept alive because she’s pregnant. Now, her family has questions about Georgia’s heartbeat law and why they didn’t have a say in her care.

Adriana Smith, a registered nurse at Atlanta’s Emory University Hospital, was about 9 weeks pregnant when she started having bad headaches in February. The 30-year-old went to Northside Hospital for help but was released after being given medication, according to her mother, April Newkirk.

“They gave her some medication, but they didn’t do any tests, didn’t do any CT scans. If they did, they would have caught it,” Newkirk said.

The next morning, Smith’s boyfriend noticed something was terribly wrong.

“She was gasping for air in her sleep, gargling. More than likely, it was blood,” Newkirk said.

Smith ended up being taken to the hospital where she worked. A CT scan revealed multiple blood clots in her brain. Unfortunately, there was nothing doctors could do, and Smith was declared brain dead.

“I feel like somebody dropped the ball at the hospitals, and her boyfriend asked, ‘Please keep her.’ If she was kept at the hospital, we wouldn’t be here,” Newkirk said.

More than 90 days later, Smith’s family, including her young son, is still by her side as she remains on life support, but they say they weren’t given any say in her case because of Georgia’s heartbeat law. The law bans abortions after a fetal heartbeat is detected, typically around 6 weeks into pregnancy.

“It’s torture for me. I come here, and I see my daughter breathing on a ventilator, but she’s not there,” Newkirk said.

Now at 21 weeks gestation, the baby’s health is uncertain. Smith was moved to Emory Midtown on Tuesday, which doctors told the family is better equipped for obstetric care. The plan is to keep Smith alive until doctors believe the baby can survive outside the womb, likely at 32 weeks.

Newkirk says it’s a situation no one should be forced into.

“She’s pregnant with my grandson, but my grandson may be blind, may not be able to walk, wheelchair bound. We don’t know if he’ll live once she has him,” Newkirk said. “It should have been left up to the family.”

In Smith’s case, the state’s heartbeat law created a legal gray area. There are limited exceptions, including for rape, incest or if the mother’s life is in danger. Because Smith is brain dead and no longer considered at risk herself, her medical team is legally required to maintain life support until the fetus reaches viability.

The family says doctors told them they are not legally allowed to consider other options.

“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.”

Newkirk says she wants people to understand the human toll of Georgia’s law and the emotional weight of being stripped of medical decision-making during a crisis.

In most cases in other states, the decision would defer to the mother’s wishes or those of her next of kin. This is also under the assumption that it would be difficult for the fetus to make it to viability with the mother’s condition, so the family could choose to terminate.

Copyright 2025 WXIA via CNN Newsource. All rights reserved.