Smith’s mother, April Newkirk, tells 11Alive that Chance, a baby boy, was born prematurely last week by emergency cesarean section. The infant weighs about 1 pound 13 ounces and is in the NICU.

Smith has been kept medically alive since February 19, when she was declared brain dead at eight weeks pregnant due to blood clots in her brain. Her family says doctors kept her on life support due to Georgia’s abortion law, the LIFE Act, which doesn’t clearly address cases of brain death, but causes confusion in medical environments. News of her condition made national headlines as she was kept on life-support while pregnant, and her family railed against the decision.

“I’m not saying we would have chosen to terminate her pregnancy. But I’m saying we should have had a choice,” she told 11Alive in a previous interview.