Press Conference December 22nd Announcing: "Georgia Father Awarded Sole Custody in Landmark Legitimation Case After Mother Declared Brain Dead"

Family Law Firm Helps Father Establish Legal Rights to Son Born to Mother Kept on Life Support
After Being Declared Brain Dead.

MARIETTA, Ga., Dec. 18, 2025 /PRNewswire/ -- Better Law Divorce Attorneys successfully represented Mr. Adrian Harden in an unprecedented legitimation case that unfolded under deeply tragic and unimaginable circumstances that left the world shaken.

Mr. Harden took his girlfriend, Ms. Adriana Smith, a 30-year old nurse who was nine (9) weeks pregnant, to Northside Hospital to seek medical care and relief for severe headaches she was suffering from. Ms. Smith was given medication and sent home. The next morning, Mr. Harden woke up to Ms. Smith experiencing a medical emergency and gasping for air. Mr. Harden took Ms. Smith to Emory University Hospital where a CT scan revealed she had multiple blood clots in her brain. On February 19, 2025, Ms. Smith was declared brain dead and placed on life support. Miraculously, Baby Chance was born extremely preterm, (weighing just 1lb, 13oz) on June 13, 2025 via emergency C-section. Four (4) days later, Ms. Smith passed away after she was taken off life support.

While grieving the devastating loss of the love of his life and mother of his son, Mr. Harden anguished over the uncertainty of his future. Mr. Harden was further traumatized when he discovered that despite a positive DNA test administered at the hospital, he was at risk of not being able to take Baby Chance home, or worse, Baby Chance being placed in foster care by the Department of Family and Children's Services (DFCS) if he did not obtain a court order establishing his legal rights before Baby Chance was released from the hospital.

Amid immense sorrow, Mr. Harden was forced, under Georgia law, to sue the mother of his son (posthumously) to establish his basic legal rights in order to protect their precious baby boy. On August 8, 2025, the Firm filed an Emergency Petition For Legitimation and Establishment of Legal and Physical Custody in DeKalb County Superior Court. Adriana Gonzalez, the lead attorney representing Mr. Harden, secured an emergency hearing date expeditiously and obtained a Temporary Order granting Mr. Harden legal rights to Baby Chance with sole legal and physical custody on a temporary basis on September 3, 2025, ensuring Baby Chance could go home in his father's arms once released from the hospital. On December 2, 2025, Judge Latisha Dear-Jackson issued a Final Order awarding Mr. Harden sole legal and physical custody of Baby Chance.

"As one can imagine, Mr. Harden's indescribable pain and grief were further exacerbated by the laws of our State. Georgia's child custody laws and legal framework for handling these very complex, personal matters are outdated. These laws impose systemic and unfair barriers that deny unmarried fathers basic parental rights to their biological children. Minority and low-income fathers are disproportionately affected" said firm Founder Melaniece Davis.

"There is an alarming lack of understanding in our society of the various laws that affect countless children, parents, and families across Georgia. It is our hope this unfortunate tragedy and Mr. Harden's landmark legitimation case shines a bright light on this very important legal issue and increases awareness. This case also underscores the urgent need for more education and easily accessible information on the role proper estate planning plays in safeguarding families, especially when tragedy strikes unexpectedly" said Managing Attorney Adriana Gonzalez.

About Better Law Divorce Lawyers:
Better Law Divorce Lawyers is a boutique family law firm located in metro-Atlanta with offices in Cobb and Douglas counties. We provide our clients with exceptional legal representation, "white glove" customer care, and the results they deserve. We focus on Divorce (High Asset, High Net Worth, Military, Same-Sex, etc.), Child Custody, Child Support, Alimony/Spousal Support, Division of Marital Assets and Debts, Prenuptial/Postnuptial Agreements, Father's Rights/Legitimation/Paternity, TPOs, and Estate Planning matters. To learn more about the firm, please visit our website at www.betterlawattorneys.com 

SOURCE Better Law Divorce Lawyers