BACKGROUNDER:

PAIN-CAPABLE UNBORN CHILD PROTECTION ACT

At the age of 20 weeks post fertilization, scientific evidence tells us an unborn child can feel pain. Pain
medication is administered directly to the unborn child in second-trimester fetal surgery, in addition to
anesthesia. The unborn child shows physical, chemical, brain and stress responses demonstrating pain
at this stage of development.
The Pain-Capable Unborn Child Protection Act is based in science, has overwhelming public support,
and is necessary to protect unborn children from painful and untimely deaths.
Summary of Provisions:

The Pain-Capable Unborn Child Protection Act would make it illegal for any person to
perform, or attempt to perform, an abortion without first making a determination of the
probable post-fertilization age of the unborn child.

If the post-fertilization age of the unborn child is determined to be 20 weeks or greater, an

abortion shall not be performed, unless
o It is necessary to save the life of the pregnant woman;
o The pregnancy is a result of rape and the woman has received medical treatment
or counseling at least 48 hours prior to the abortion; or if she chooses to do so,
has made a report to law enforcement; or
o The pregnancy is a result of rape or incest against a minor and the abuse is
reported to either social services or law enforcement.

In the case of the exceptions

o the abortion may only proceed in a manner that provides the best opportunity for
the unborn child to survive unless that would pose a greater risk of death or
serious bodily injury to the pregnant woman; and
o the abortion provider must receive informed consent from the pregnant woman,
informing her of the childs age, a description of the law, and the womans
rights under the law.

A woman on whom an abortion was performed in violation of this Act may bring a civil action
against the abortion provider in court to recover damages.

The abortion doctors are required to submit annual data to the National Center for Health and
Statistics providing statistical information about abortions carried out after 20 weeks postfertilization age.

The criminal punishment for a violation of this Act is imprisonment of up to five years, fines,
or both.

The Act makes clear that a woman who receives an illegal abortion in violation of this act may
not be prosecuted.
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