What are the legal implications of the pregnant "brain dead" woman in Georgia?

The 2022, Dobbs decision handed down by the United States Supreme Court ended the long held Federal right to abortion under the 1973, Roe v Wade case. In ending the Federal right, it returned the decision to the states. Many states quickly implemented bans or restrictions on abortion. There were those that had trigger laws in place that immediately implemented bans upon the overturn of Roe, there were those states that required some action by state officials, a couple of states that implemented laws effective thirty (30) days after Dobbs, some states included abortion restrictions and the states that had a hybrid implementation of bans and restrictions. Both Alabama and Georgia have implemented bans; Georgia also has restrictions as does Alabama to a lesser degree. Georgia’s restrictions are no abortions after cardiac activity has been detected (at about six weeks gestation) with some exceptions. The exceptions include law enforcement documented rape or incest, the health of the mother where death or serious health consequences can occur or certain fetal abnormalities have been detected. Alabama’s law is closer to a near ban with the only exceptions being rape, incest or serious health consequences to the pregnant woman if the pregnancy continues.

Adrianna Smith was a pregnant, thirty-one year old nurse in Georgia and has a seven year old son. In February, she began experiencing horrible headaches and went to the hospital. It sounds as if her testing was not very extensive and I would guess the physician weighed certain imaging studies with the radiation safety ALARA (As Low As Reasonable Achievable) principle wherein it is the duty of medical personnel to keep the radiation exposure as low as possible. Because she was nine weeks into her pregnancy at the time, one certainly wants any radiation exposure to be as low as possible so as to not contribute to any potential fetal abnormalities. She was given some medication and sent home. The next day she woke having difficulty breathing and making a gurgling noise.

She was again taken to the hospital and this time had a CT of her brain which revealed blood clots within her brain. At some point she was declared brain dead but in keeping with Georgia law it was determined that she should be placed on a ventilator and other life supporting measures. The goal was to reach thirty-two (32) weeks gestation and to perform a C-section. Ms. Smith’s mother has recounted her agony in watching her daughter on such machine to keep her alive with the plan to deliver a viable child. On 13 June her young son delivered. He weighed 1 pound and 13 ounces and was named Chance. Chance is certainly an interesting name for this little boy.

I am pro life and I have read some of the pro and con rationale from a medical ethics web site regarding the late Ms. Smith. The late Pastor Harry Reeder at Briarwood Presbyterian Church in Birmingham often talked about a culture of life and a culture of death. The culture of death, which is not in line with a Christian world and life view is one where a preborn child’s life is terminated by abortion because it is unwanted or inconvenient. Certainly this stand is espoused by many organizations such as Planned Parenthood. On the tail end of life there are those that find older adults or adults with certain disabilities as inconvenient or unwanted and one is concerned that the lives of older adults may one day become a life that can be prematurely terminated.

Baby Chance Smith, did not ask to come to this world. Ms. Smith’s family celebrated her 31st birthday during her pregnancy but also railed against the Georgia abortion law. Killing baby Chance via abortion would not have saved Ms. Smith. Yes it seems hard to wrap your brain around having a brain dead Ms. Smith as an incubator to deliver Chance at a point in the future. The writer of the so called medical ethics article that I read was not kind to giving baby, Chance, a “chance” at life. The writer wonders what decision Ms. Smith would have made and felt that the family should have been allowed to make the decision on possibly terminating Chance’s potential viability early on. It is believed that baby Chance may have disabilities which may not be evident for some time; it is reported that he is holding his own.

Alabama’s Natural Death Act includes an Advance Directive for Health Care. The Advance Directive for Health Care allows an adult to make decisions about the end of their life should it come down to it. Those decisions would come into play if by a terminal illness or injury or permanent unconsciousness and in the event that individual would likely die in the near future they can make “Living Will” type decisions about artificially provided food and hydration as well as life sustaining treatment. The document also allows an individual to name a health care proxy if they like which can be used to make decisions beyond the black and white scope of the document. Near the end of the document it says three things. One is that if a physician or hospital will not honor the document then the institution must see that the person is cared for a physician or hospital that will honor the document. The document is not a Dr. Kevorkian type assisted suicide document; it is one that allows for the (un)natural process of dying. Another statement is that if it is a pregnant female then the wishes of the Advance Directive will not be honored until after the birth of the child.

Baby Chance did not ask to be conceived. God planned it and has a plan of some sort for baby Chance. Prayerfully, baby Chance will have no constraining abnormalities. Hopefully Chance will understand that in death, Adrienne Smith gave him life and I pray that Chance will honor his mother and be a child of God that bears witness to the Christian world and life view and a culture of life.

This article is informative only and not meant to be all inclusive. Additionally this article does not serve as legal advice to the reader and does not constitute an attorney- client relationship. The reader should seek counsel from their attorney should any questions exist.

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THE VIEWS OF SUBMITTED EDITORIALS MAY NOT BE THE EXPRESS VIEWS OF THE ALABAMA GAZETTE.