Legal Spotlight: Ongoing Case Raises Urgent Questions About Pregnancy and Georgia Advance Directives

An unfolding medical and legal situation involving Adriana Smith has brought urgent attention to Georgia’s laws governing health care decisions during pregnancy—especially in cases where the patient is unable to speak for herself.

Adriana Smith’s Condition

Ms. Smith is currently receiving life-sustaining treatment after suffering a medical emergency that left her with no detectable brain activity. At the time of her medical event, she was 9-weeks pregnant.

Medical reports indicate that the fetus may face serious birth complications, yet under Georgia law, health care providers are currently required to continue life support due to Ms. Smith’s pregnancy. No reports indicate whether she executed a Georgia Advance Directive for Health Care, but even if she had, a Georgia law could prevent her wishes from being carried out.

The Legal Landscape: Georgia’s Advance Directive and the Heartbeat Bill

Georgia law contains a provision in its Advance Directive for Health Care that prohibits withdrawal of life-sustaining treatment from a pregnant patient if the fetus is viable. If the fetus is not viable, the pregnant woman can indicate in her Advance Directive for Health Care that she wants life-sustaining measures to be withheld.

This law operates in tandem with Georgia’s “Heartbeat Bill” (HB 481), which grants legal personhood to a fetus once a detectable heartbeat is present—typically around six weeks of gestation. Together, these statutes limit what families and medical teams can do in cases like Ms. Smith’s, even when the patient’s prognosis is poor or irreversible.

Why This Case Matters

Ms. Smith’s situation has sparked difficult but necessary public conversations about medical autonomy, end-of-life care, and pregnancy. While the legal process continues, her case serves as a critical reminder of how Georgia law treats health care decisions during pregnancy—and the limits it places on individual choice.

The law on Advance Directive for Health Care may need an update to reflect difficult cases like this one.

The Importance of Advance Planning

Although current Georgia law restricts withdrawal of life support during pregnancy, having a properly executed Advance Directive for Health Care remains essential. It ensures that your medical preferences are known and respected in nearly all other situations and can help your family and care team make decisions with greater clarity and confidence.

We’re Here to Help

Our firm is monitoring the Adriana Smith case and any potential legislative or judicial responses that may follow. If you or your loved ones have questions about your existing health care documents—or if you have not yet completed one—we encourage you to reach out.