The Pain-Capable Unborn Child Protection Act is a bill that criminalizes performing or attempting to perform an abortion if the preborn child is estimated to be 20 weeks or more in age. The bill provides exceptions under the following circumstances:
- If the life of the mother is at risk,
- If the pregnancy is the result of rape, or
- If the pregnancy is a result of rape or incest of a minor.
One of the primary factors pro-abortion advocates assert is the argument that preborn children are unable to experience pain, theoretically making abortion legitimate. However, the fact that abortion is the ending of a human life remains, and furthermore, substantive medical research indicates that they can experience intense pain.
In response to this line of reasoning, this bill pushes back and points to numerous research studies that have shown these children do feel pain in the womb in an effort to argue that there is a “compelling government interest” to prevent pain and protect the lives of these preborn children (2.6,12). While, as Southern Baptists, we know every preborn life is precious and inherently valuable, worthy of protection and care, Congress does not make these same assertions, and as such, this bill seeks to make the case for why legislators should support a baseline protection of preborn life.
What are the requirements of the pain-capable unborn child protection act?
The main requirements regarding the protection and care of the pain-cable unborn child are as follows:
- The physician should first make a reasonable determination of the age of the unborn child.
- A physician terminating a pregnancy under the outlined exceptions may only do so in the manner that provides the best opportunity for the unborn child to survive.
- If the pain-capable unborn child has the potential to survive outside the womb, the physician must ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child.
- If the child is born alive after an attempted abortion, the physician should provide the necessary care that they would render to any other child born. The child should be immediately admitted to a hospital, and any healthcare provider or any employee of a hospital, physician’s office, or abortion clinic aware of the failure must report it to the appropriate state or federal law enforcement agencies.
This act has come to be known as Micah’s Law, named after Micah Pickering, an Iowa boy prematurely born at 22 weeks’ gestation in 2012.
History of the pain-capable unborn child protection act
- The bill was first introduced in 2013 by Rep. Trent Franks of Arizona during the 113th Congress and passed the House.
- During the 117th Congress, it was introduced by Sen. Lindsey Graham in the Senate and Rep. Christopher H. Smith in the House.
- This bill has not been introduced in the 118th Congress thus far.
Similar state legislation
Laws have already been enacted In 21 states prohibiting abortion after 20 weeks. In Idaho and Arizona, these laws have been blocked by courts and are not in effect.
There has also been similar abortion-restricting legislation filed this year, including the Assembly Bill 975 in Wisconsin, which would ban abortion at 14 weeks.
In Kansas, the Born Alive Protection Act was also filed despite eventually being vetoed by the governor in April 2023. This bill would legally protect infants born alive regardless of the deliverer’s intent and establish a right to legal action if the child lives after a failed abortion and physicians do not provide adequate care.
What happens if a physician performs an abortion under this bill?
Physicians who perform an abortion after 20 weeks of gestation and not within the exceptions provided in the bill face a fine, imprisonment up to 5 years, or both.
The bill does not provide for prosecutorial grounds against a woman who received an abortion, but she may pursue civil action against the physician who performed the abortion.
In addition, a parent of a minor on whom an abortion is performed or attempted may seek civil action against the individual (such as a physician) unless the pregnancy results from the plaintiff’s criminal conduct.
Why does this matter for Southern Baptists?
As Southern Baptists, we affirm the biblical revelation that every person bears the image of God, and thus, is worthy of protection and dignity, regardless of age, level of ability, or stage of development. Though we ultimately wish to see the complete ending of abortion, if passed, this bill would mandate important baseline protections for vulnerable unborn children from abortions that cause bodily harm and pain to both mothers and children.
The ERLC will continue to advocate for the passage of the Pain-Capable Unborn Child Protection Act and support other federal lifesaving legislation, such as the Heartbeat Protection Act.
