Georgia Democrats are urging for clearer guidelines regarding the state's abortion law as the case of Adriana Smith continues to attract global attention. Smith, a 30-year-old nurse, was declared brain dead months ago due to undiagnosed blood clots in her brain. Despite this, medical devices have been used to maintain her organ function. Family members have informed the media that Smith's body is being sustained despite her slim chances of recovery, as she is pregnant, and removing her from life support could potentially breach the state's ban on most abortions after six weeks. Georgia's leading attorney disputes that interpretation of the law.
"There is nothing in the LIFE Act that mandates medical professionals to maintain life support for a woman after brain death," Attorney General Chris Carr stated. "Discontinuing life support does not constitute an action 'with the purpose to terminate a pregnancy.'"
However, Sen. Nabilah Islam Parkes, a Democrat from Duluth, noted that a public statement lacks the authority of law. In the realm of medical practice, legal ambiguities can result in devastating consequences.
During a press conference on Thursday at the state Capitol, Islam Parkes urged Carr to provide a legally binding opinion addressing several critical questions regarding when doctors may treat a pregnant woman in ways that could potentially harm or endanger the fetus. These questions include: Is a hospital legally obligated to keep a brain-dead pregnant woman on life support? What exactly defines a medical emergency according to the law? Under what circumstances does a pregnancy qualify as incompatible with life? Additionally, how does the law impact the legal status of advanced directives and end-of-life planning for pregnant individuals in Georgia?
“These questions are not just theoretical,” said Islam Parkes. “They are urgent. As long as this law remains unclear, families will continue to suffer trauma, providers will face criminal charges, and patients will be neglected. Doctors are being forced into impossible decisions, families are engulfed in grief and fear, and women are losing their lives.”
Parkes was referring to the tragic cases of Amber Thurman and Candi Miller, two Georgians who died in 2022 due to complications from abortion pills. Thurman passed away in a hospital after doctors delayed nearly a day in performing a routine procedure to remove fetal tissue from her uterus. Miller's family reported that she avoided seeking medical help due to fear stemming from the newly enacted law.
Democrats have suggested that there are probably additional cases that do not result in death. Kaycee Maruscak from Gwinnett shared that she had chosen a name for her unborn daughter, Sawyer Nicole Christian. However, in March, just a day after celebrating a gender reveal party, she learned that her daughter's heart had stopped beating.
“At the Capitol press conference, she shared, ‘In just a few seconds, we shifted from preparing to welcome her into our lives to figuring out how to say goodbye. My doctor was understanding, but due to restrictive abortion laws, my options were limited to a list of clinics. There was no follow-up plan, no guidance, and no support. Over the next two days, I called clinic after clinic, repeatedly having to relive the moment when I learned that Sawyer no longer had a heartbeat. My insurance advised me to go to the emergency department because my symptoms were worsening, so I did. I spent seven hours there, enduring pain, grief, and shock, only to be sent home with no treatment, no resolution, and no care.’”
Maruscak shared that she spent over a week with her daughter’s remains. “What I went through is not uncommon. It’s not an isolated incident; it happens every day,” she stated. “One in four women experiences a miscarriage, and more than half require medical assistance to ensure it is completed safely. This issue transcends politics; it is fundamentally a medical concern.” Senate Minority Leader Harold Jones was clear about the party's primary objective: to repeal the six-week abortion ban that was enacted in 2022 following the U.S. Supreme Court's decision to overturn the federal right to abortion, leaving the issue to individual states.
"As the fight continues, we must support and seek clarification from our governor and attorney general," Jones stated. "What rights do women have under this law? This is a question that Georgians have been asking. We, as legislators, have been asking it too, and the individuals gathered here today are also seeking answers, yet Georgia's leadership remains silent."
Sen. Ed Setzler, a Republican from Acworth and the author of Georgia's abortion bill, accused Democrats of politicizing the issue to gain media attention.
"My heart goes out to Adriana, her family, and the young son she is carrying, who is fighting for his life," Setzler said. "Nabilah Islam Parkes and the Democrats are appalling in the lengths they will go to involve Adriana's grieving family, who is trying to save their grandson, in a disturbing political debate about expanding abortion."
“They're making as much noise as possible to grab media attention,” he stated. Conservative radio host and Georgia Life Alliance board member Martha Zoller argued that tragic cases like Maruscak’s are not caused by the state’s abortion ban—often called the “heartbeat” bill by its supporters—but rather by hospitals misinterpreting or misapplying the law.
"Once a miscarriage occurs or is in progress, there is no heartbeat, so there should be no reason to withhold care," she stated. "This situation highlights the excessive legal restrictions in the medical field that prevent providers from acting in the best interest of their patients. This issue is separate from the heartbeat bill; it relates to the hospital's policies. The care provided for a miscarriage is not classified as an abortion under the heartbeat bill, and since there is no heartbeat after a miscarriage, the heartbeat bill is not applicable."
"It is a tragedy that the Democratic caucus continues to mislead and instill fear in women for their own political gain," she added.
Update: An earlier version of this story did not include the first mention of Kaycee Maruscak.
