Unborn Child Pain Awareness Act

Senate S 356

Summary: The bill requires that before any part of a legal abortion involving a "pain-capable unborn child"—defined as 20 weeks after fertilization—begins, the abortion provider must relay to the woman a legally-mandated statement about the procedure. The specific language to be relayed by medical personnel to the patient is delineated in the law and only includes what Congress believes exists about the pain the fetus may feel. Women would be required to sign a form indicating that the statement had been read to her. In the statement, Congress encourages women to undertake anesthesia that could potentially be harmful to her. The bill also establishes a range of reporting and educational efforts that are to be undertaken.

What You Should Know: Medical evidence about the capacity for fetal pain is limited, but indicates that fetal perception of pain is unlikely before the third trimester. Little (if anything) is known about the effectiveness of direct fetal anesthetic or analgesic techniques. Similarly, little information is available on the safety of these techniques for pregnant women in the context of abortion. Anesthetic techniques currently used during fetal surgery are not directly applicable to abortion procedures.

This legislation is addressing an issue that has been in medical controversy for 20 years—but leaves Congress, rather than the medical profession—to solve the controversy. In so doing, the bill is promoting a political agenda rather than science and health.

If enacted, Congress would be directly interfering with physician-patient information sharing and decision making—and forcing physicians to share information they may not believe to be true.

Primary Sponsor(s): Sen. Sam Brownback (R-KS)

Introduction Date: January 22, 2007 (notably the anniversary of the Roe v. Wade decision)

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