ATLANTA – A Georgia father has been awarded sole legal and physical custody of his infant son following what attorneys describe as a landmark legitimation case that unfolded after the child’s mother was declared brain dead and later died.
What we know:
Better Law Divorce Attorneys said it successfully represented Adrian Harden in the unprecedented case, which began after Harden took his girlfriend, Adriana Smith, to Northside Hospital for treatment of severe headaches. Smith, a 30-year-old nurse who was nine weeks pregnant, was given medication and sent home. The next morning, Harden found her gasping for air and rushed her to Emory University Hospital, where doctors discovered multiple blood clots in her brain.
Smith was declared brain dead on Feb. 19, 2025, and placed on life support. Their son, Chance, was born extremely premature on June 13, 2025, weighing 1 pound, 13 ounces, after an emergency C-section. Smith died four days later after being taken off life support.
While grieving, Harden learned that despite a positive DNA test, he risked being unable to take his son home without a court order establishing his legal rights. Attorneys said the child could have been placed in foster care through the Department of Family and Children’s Services without such an order.
On Aug. 8, 2025, the firm filed an emergency petition for legitimation and custody in DeKalb County Superior Court. Lead attorney Adriana Gonzalez secured an emergency hearing, and on Sept. 3, 2025, a temporary order granted Harden legal rights and temporary sole custody, allowing Baby Chance to go home with his father. On Dec. 2, 2025, Judge Latisha Dear-Jackson issued a final order awarding Harden sole legal and physical custody.
A press conference about the case is being held Monday morning.
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