A Georgia father has been awarded sole legal and physical custody of his infant son, Baby Chance, following an unprecedented court case that unfolded after the child was born to a mother who had been declared brain dead earlier in her pregnancy, according to a new announcement from Better Law Divorce Attorneys.

The case centers on Adrian Harden, whose girlfriend, Adriana Smith, a 30-year-old nurse, was nine weeks pregnant when she sought medical care for severe headaches in early 2025. 

According to the law firm, Smith was initially treated and sent home. The following day, Harden rushed her to Emory University Hospital after she suffered a medical emergency. Doctors later determined she had multiple blood clots in her brain and declared her brain dead on Feb. 19, 2025, placing her on life support.

Despite the circumstances, doctors were able to sustain the pregnancy long enough for Baby Chance to be delivered via emergency C-section on June 13, 2025, weighing just 1 pound, 13 ounces, the firm said. Smith died four days later after being removed from life support.

Legal uncertainty after birth

While grieving the loss of his partner, Harden faced an unexpected legal hurdle. Under Georgia law, unmarried fathers do not automatically have parental rights, even when paternity is biologically confirmed. 

According to the firm, Harden learned that without a court order, he could be prevented from taking his son home once the baby was released from the hospital — or potentially face state intervention.

In August 2025, attorneys filed an emergency petition for legitimation and custody in DeKalb County Superior Court. The court granted Harden temporary legal and physical custody in early September, allowing him to assume care once the child is discharged. On Dec. 2, 2025, Judge Latisha Dear-Jackson issued a final order awarding Harden sole legal and physical custody of Baby Chance.

Broader legal implications

The firm representing Harden says the case highlights long-standing gaps in Georgia's family law system, particularly for unmarried fathers.

"Georgia's child custody laws and legal framework for handling these very complex, personal matters are outdated," said Melaniece Davis, founder of Better Law Divorce Attorneys, in a statement. "These laws impose systemic and unfair barriers that deny unmarried fathers basic parental rights to their biological children."

The firm also emphasized the role of estate planning and legal preparedness when medical emergencies arise unexpectedly, especially in cases involving children and unmarried parents.

Baby Chance remains hospitalized

As of the firm's latest update, Baby Chance remains hospitalized nearly six months after his extremely premature birth. Family members say the child continues to receive specialized medical care while Harden prepares for the transition to bringing his son home.