H.R. 3442 would ensure that women seeking an abortion are fully informed regarding the pain experienced by their unborn child.
Detailed Summary
Unborn Child Pain Awareness Act of 2007 - Amends the Public Health Service Act to require an abortion provider who knowingly performs an abortion of a pain-capable unborn child (defined as an unborn child who has reached a probable stage of development of 20 weeks or more after fertilization), to first: (1) inform the woman of the probable age of the child; (2) provide to the woman an Unborn Child Pain Awareness Brochure (unless she waives receipt); (3) provide information that pain medicine administered to the mother may not prevent pain in the child, but in some cases anesthesia or pain-reducing drugs can be administered directly to the child; (4) give the woman the provider's best medical judgment of the risks and costs of such anesthesia or analgesic; and (5) obtain the woman's signature on the Unborn Child Pain Awareness Decision Form and her explicit request for or refusal of the administration of drugs to the child. Requires the Secretary of Health and Human Services to develop the Unborn Child Pain Awareness Brochure that includes a statement that there is substantial evidence that the process of being killed in an abortion will cause the unborn child pain and that the mother has the option of having pain-reducing drugs administered directly to the child.
Creates an exception to save the life of the mother.
Establishes civil penalties for willfully failing to comply with this Act. Authorizes: (1) the U.S. Attorney General to bring a civil action under this Act; and (2) private rights of action for violations of this Act.
Status of the Legislation
Latest Major Action: 8/3/2007: Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.
Points in Favor
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Points Against
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Visitor Comments
Lauren Rochon
I hope this bill will pass because when doctors do not tell the woman all of the information regarding the procedure that they are going to have, it is like lying to them. The reason why doctors have not told the woman that their baby is going to feel pain when they shove pair of scissors into their head, is because the doctor is afraid that the woman will change her mind about having an abortion. Wouldn't you? For all of the parents out there, think of what your life would be like if you had had an abortion. Sure, it would be quieter, but you would not have anyone bringing pictures home from school that they drew for you, and no one to call you "Mommy" or "Daddy" in the high pitched little voice that you love. Imagine life without all of the blessings that you have right now because of your children.
Anon
Fetal pain is a complicated subject and although it is thought that the last fibres begin appearing between 23 and 30 weeks gestation, evidence suggests these lack function before 29 weeks. Furthermore, multiple sources show strong evidence that the fetus is kept unconscious/sedated throughout pregnancy by various mediators. This is a good review: http://jama.ama-assn.org/cgi/content/abstract/294/8/947. Wikipedia also has a good general review: http://en.wikipedia.org/wiki/Fetal_pain