Babies in the Womb Feel Pain: Please Support A3452/S2026, the NJ Pain Capable Unborn Child Protection Act

twenty week baby

 

There is substantial medical evidence that babies in the womb feel pain at a very early stage of gestation.  Thanks to advances in medicine, babies as young as 20 weeks post-fertilization can survive and thrive with appropriate care and treatment.  Experts in the field of Maternal-Fetal medicine routinely administer pain medication as standard medical practice because they recognize these babies as patients. There have been many instances of babies who survived abortions who were left to die or killed by abortionists.  We have to look no further than the Gosnell case in Pennsylvania.

The Pain Capable Unborn Child Protection Act will protect babies in the womb at 20 weeks and older who are capable of feeling pain and ensure that babies born alive during an abortion will be given the same proper life saving medical care given to premature infants.  Babies in the womb experience excruciating pain during an abortion.  A recent video from a former abortion provider, Dr. Anthony Levatino, explains how these abortions are done in this video  (Warning:  viewing content may be disturbing for some.)

Take Action Now!

We are happy to report that A3452/S2026, the NJ Pain Capable Unborn Child Protection Act has been introduced in the NJ Legislature.  We thank the sponsors of this bill for recognizing the horrific practices of the abortion industry, who callously and with depraved indifference to human life, brutally and routinely end the lives of innocent babies in the womb and endanger the lives of women.  This bill is modeled after H.R. 36, the Federal bill by the same name. Passing this legislation is part of the 2020 Project, a collaborative effort by pro-life groups in NJ to protect pain capable babies.  For more information on this initiative, please visit www.babiesinthewombfeelpain.com

Please go to the www.njrtl.org Legislation page and Take Action here on this legislation. It’s time we protect babies in the womb capable of feeling pain.

What do medical experts say about whether babies in the womb feel pain?

We are obligated to protect the undefensible,” stated Dr. Colleen A. Malloy, who teaches in the Neonatology division at Northwestern University’s Feinberg School of Medicine. Testifying before the United States Senate Judiciary Committee on Tuesday, March 15, 2016,  Dr. Malloy said that advances in technology show the “viability” of human life at an earlier age than previously believed.

A child definitely feels pain at 20 weeks, testified Dr. Malloy, and it is certainly “viable.” Because of technological advancements “we have pushed back the gestational age” of when an unborn child “can be resuscitated and resuscitated successfully,” she said.

These children “are moving, reacting, and developing right before our eyes in the neonatal intensive care unit,” she said.

A June 2009 study of over 300,000 babies by the American Medical Association found that, among children aged 20 to 24 weeks post-conception, they had a steadily higher chance of survival with each passing week, ranging from 10 percent at the beginning to 85 percent at the end.

“Given these survival numbers, the NICU commonly cares for infants born in this gestational age range. We can easily witness their humanity, as well as their experiences with pain,” she testified.

The standard of care for NICUs requires attention to and treatment of neonatal pain,” she said. “There is no reason to believe that a born infant will feel pain any differently than that same infant if he or she were still in utero.”

“I could never imagine subjecting my tiny patients to a horrific procedure such as those that involve limb detachment or cardiac injection.”

Dr. Kathi Aultman, a retired gynecologist, said she had performed both first and second trimester abortions, had an abortion herself, and has a cousin who is an abortion survivor.

After performing second-trimester abortions, she recounted how she had to examine the remains of the unborn child and found “perfectly-formed organs.” While she worked in the neonatal intensive care unit by day and in an abortion clinic by night, her conscience began to be troubled by the fact that she was intent on saving babies in the NICU who were the same age as those being aborted in the clinic.

 

8th Video Released. Warning: Some Viewers may find the content disturbing

This video shows Cate Dyer, CEO of Stem Express discussing baby body part procurement with undercover investigators. Dyer calls Planned Parenthood “a volume institution” and admits they handle a number of “intact cases”; i.e., whole bodies of aborted babies, which she says they “have done a lot of.” She also said they “ship those (intact cases) back to our lab in its entirety.” She also admits that contamination is an issue, including yeast contamination. Dyer also calls the problem with bacteria “rampant” and hints that many of the clinics shouldn’t even be in business. Dyer is asked what would make her happy, and she says, “50 livers a week and then goes on to explain “it’s volume for us, we still need more. A lot of volume is what we do.” She also says that they don’t expect to be hitting capacity for the next 10 years. When asked if she felt it was not profitable for abortion clinics to procure the baby body parts, she said “I haven’t seen that.” She also says the lab technicians “freak out” and have “meltdowns” when they see the baby body parts, with some requesting that the hands and feet not be attached. She also admits that this is why a lot of researchers are getting away from using baby body parts and are instead using adult-human sampling. In speaking about neural tissue (i.e., brain tissue), she said it is “insanely fragile” and the “hardest to ship” and admitted that is why they procure and ship the whole calvarium (head). This is the video Stem Express did not want viewers to see and it is no wonder. Please continue to spread the word and educate others about these videos. Thank you.

New Jersey’s Two U.S. Senators Menendez and Booker Vote No on S.1881, Bill to Defund Planned Parenthood. Action Needed!

baby body parts
On August 3, the U.S. Senate failed to garner the 60 votes needed to pass S.1881, a bill to defund Planned Parenthood. The vote tally can be found below. The bill was introduced as a response to the videos which show Planned Parenthood top officials discussing the sale of aborted baby body parts to undercover investigators. Many of the videos can be viewed on NJRTL’s website. Leaders in the U.S. Senate have vowed to bring the bill back at a later date. Both of NJ’s two U.S. Senators shamefully voted No on this bill. Please contact them and express your disapproval with their vote and urge them to support the bill when it comes back again for a vote. Also contact your Member of Congress and urge them to vote to defund Planned Parenthood.

Senator Robert Menendez
Wash.D.C. office 202 224-4744
NJ offices: 973 645-3030, 856 757-5353
Email: www.menendez.senate.gov

Senator Cory Booker
Wash. D.C. office: 202 224-3224
NJ offices: 973 639 8700, 856 338-8922
Email: www.booker.senate.gov

Contact your Member of Congress and urge them to support legislation to defund Planned Parenthood.

Call the Capitol switchboard during regular business hours at 202 224-3121, provide your town, state and zip code and ask the operator the name, address and phone number of your Congressional Representative. You can also ask to be connected directly to their D.C. office. You can obtain the name and contact information of your Congressional Representative at the following web address: http:www.house.gov

——————————————————————————————————————————————
U.S. Senate Roll Call Votes 114th Congress – 1st Session as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate
Vote Summary
Question: On Cloture on the Motion to Proceed (Motion to Invoke Cloture on the Motion to Proceed to S. 1881 )
Vote Number: 262 Vote Date: August 3, 2015, 05:36 PM
Required For Majority: 3/5 (60 votes) Vote Result: Cloture on the Motion to Proceed Rejected
Measure Number: S. 1881

Measure Title: A bill to prohibit Federal funding of Planned Parenthood Federation of America.
Vote Counts:
YEAs 53,
NAYs 46,
Not Voting 1

Grouped By Vote Position

Yea = Vote to Defund Planned Parenthood

YEAs —53
Alexander (R-TN)
Ayotte (R-NH)
Barrasso (R-WY)
Blunt (R-MO)
Boozman (R-AR)
Burr (R-NC)
Capito (R-WV)
Cassidy (R-LA)
Coats (R-IN)
Cochran (R-MS)
Collins (R-ME)
Corker (R-TN)
Cornyn (R-TX)
Cotton (R-AR)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Donnelly (D-IN) Enzi (R-WY)
Ernst (R-IA)
Fischer (R-NE)
Flake (R-AZ)
Gardner (R-CO)
Grassley (R-IA)
Hatch (R-UT)
Heller (R-NV)
Hoeven (R-ND)
Inhofe (R-OK)
Isakson (R-GA)
Johnson (R-WI)
Lankford (R-OK)
Lee (R-UT)
Manchin (D-WV)
McCain (R-AZ)
Moran (R-KS)
Murkowski (R-AK) Paul (R-KY)
Perdue (R-GA)
Portman (R-OH)
Risch (R-ID)
Roberts (R-KS)
Rounds (R-SD)
Rubio (R-FL)
Sasse (R-NE)
Scott (R-SC)
Sessions (R-AL)
Shelby (R-AL)
Sullivan (R-AK)
Thune (R-SD)
Tillis (R-NC)
Toomey (R-PA)
Vitter (R-LA)
Wicker (R-MS)

Nay= Vote to Use Taxpayer dollars to fund Planned Parenthood

NAYs —46
Baldwin (D-WI)
Bennet (D-CO)
Blumenthal (D-CT)
Booker (D-NJ)
Boxer (D-CA)
Brown (D-OH)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Coons (D-DE)
Durbin (D-IL)
Feinstein (D-CA)
Franken (D-MN)
Gillibrand (D-NY)
Heinrich (D-NM) Heitkamp (D-ND)
Hirono (D-HI)
Kaine (D-VA)
King (I-ME)
Kirk (R-IL)
Klobuchar (D-MN)
Leahy (D-VT)
Markey (D-MA)
McCaskill (D-MO)
McConnell (R-KY)
Menendez (D-NJ)
Merkley (D-OR)
Mikulski (D-MD)
Murphy (D-CT)
Murray (D-WA)
Nelson (D-FL) Peters (D-MI)
Reed (D-RI)
Reid (D-NV)
Sanders (I-VT)
Schatz (D-HI)
Schumer (D-NY)
Shaheen (D-NH)
Stabenow (D-MI)
Tester (D-MT)
Udall (D-NM)
Warner (D-VA)
Warren (D-MA)
Whitehouse (D-RI)
Wyden (D-OR)

Not Voting – 1
Graham (R-SC)

Governor Christie Addresses Hillary Clinton’s defense of Planned Parenthood. Asks Clinton: Do you support the conduct of Planned Parenthood in the killing of children in the womb in a way that maximizes their body parts for sale on the open market?

NJ Governor Chris Christie

Call Governor Christie to thank him for speaking out about these disgusting practices and for defunding Planned Parenthood in NJ. 609 292 6000.

Senator Pennacchio joins NJRTL in denouncing Planned Parenthood’s selling of baby body parts; calls for investigation

Defund Planned Parenthood blue

Pennacchio Calls for Investigation, Legislative Review

Following the release of a video reportedly depicting a Planned Parenthood executive discussing the sale of body parts from aborted fetuses, Senator Joe Pennacchio joined New Jersey Right to Life Executive Director Marie Tasy in denouncing the abhorrent act. Senator Pennacchio also announced efforts to make sure the practice does not occur in New Jersey.

“Selling body parts from an aborted fetus is a sickening shock to the conscious,” said Pennacchio (R-Morris). “If true, Planned Parenthood’s participation in performing abortions to systematically sell body parts from fetuses represents a level of depravity that’s hard to fathom.”

Senator Pennacchio said he is calling for the State Attorney General’s Office to launch an immediate investigation into whether any of the Planned Parenthood facilities in New Jersey took part in the practice. Senator Pennacchio said he is also reviewing current law in New Jersey regarding the donation of human body parts and tissue for medical research to see whether changes are needed to strengthen prohibitions against selling or profiting from harvested body parts from aborted fetuses.

“This video reveals some shocking admissions that have to be fully investigated and that includes looking into the practices of Planned Parenthood facilities in New Jersey,” said Pennacchio. “This simply can not be allowed to happen in New Jersey. If it’s determined that facilities here took part in illegal activity, those responsible must be held accountable. It’s also important that we make sure New Jersey laws adequately address this issue. There should be no circumstance where a facility can get any financial gain from soliciting abortions or harvesting body parts from aborted fetuses.”

“We wholeheartedly support and commend Senator Pennacchio’s efforts to stop this barbaric practice by Planned Parenthood, the nation’s largest and most profit driven abortion provider,” said Tasy. “Additionally, we call on Congress to defund Planned Parenthood as Governor Christie did in New Jersey and urge New Jersey Democratic Leaders to abandon their yearly blind obsessive attempts to use taxpayer money to fund Planned Parenthood in the state budget.”

NJ AG Investigation Reveals Fraudulent Scheme by Two Disgraced Abortionists

Brigham

 

Please read the story below regarding Steven Brigham, M.D. and his associate, Vikram Kaji, M.D., two disgraced abortionists who, according to a recent complaint, engaged in a “sham transfer” which “constitutes the use or employment of dishonesty, deception, misrepresentation, false promise or false pretense.” The June 16, 2015 complaint issued by the NJ Attorney General also said Kaji “aided and abetted the unlicensed practice of medicine.”

NJRTL had written to the Attorney General a few months ago urging that action be taken against Kaji based on his past reccord once we learned that Brigham supposedly transferred ownership to him. You can read the letter at the link below.

Kaji has a history of sexually abusing his patients and prescribing dangerous controlled substances. His license was revoked by PA and NJ’s Board of Medical Examiners for one year and he was made to surrender his controlled substance license by the Federal Drug Enforcement Agency in 1993 and 1994. Believe it or not, his license was reinstated after he admitted to these charges.

“The June 16, 2015 complaint by the NJ Attorney General calls for the revocation of Kaji’s license, a permanent ban on Kaji acting as Medical Director obtaining any ownershp in any of Brigham’s clinics, imposition of penalities and costs, including investigative costs, attorneys fees, expert fees, ” etc. The June 16, 2015 Complaint is also linked below.

We are very pleased that the NJ Attorney General is looking into this matter and is now taking action to stop these two disgraced abortionists who have a long history of flouting the law and hurting women and young teens in our state.

Read NJRTL Letter to the Attorney General
Read NJ Attorney General’s Complaint

N.J. Attorney General: abortion doctor unlawfully owns clinics

By Susan K. Livio | NJ Advance Media for NJ.com

on July 01, 2015 at 6:53 PM, updated July 01, 2015 at 7:39 PM

TRENTON — An abortion doctor who lost his license over late-term abortions is operating a string of clinics despite assuring the state that he had signed away the practice to his medical director, according to a complaint filed by the Attorney General’s Office.
The allegations are contained in a June 16 complaint accusing Vikram H. Kaji, a 79-year-old obstetrician and gynecologist of fraud for claiming he had assumed ownership of American Women’s Services’ clinics after the Board of Medical Examiners yanked Steven Brigham’s license in October for gross negligence. Brigham has appealed the decision.

The board found that Brigham skirted state law by starting late-term abortions with five women by administering a drug that killed the fetus in his South Jersey office, and ordering them to drive to his Maryland clinic, where the surgical procedure was completed.
Without his license, Brigham was required by state law to divest himself from the American Women’s Services clinics he owned in Elizabeth, Mount Laurel, Paramus, Phillipsburg, Toms River, Woodbridge and Voorhees.

But when an investigator from the Division of Consumer Affairs performed an unannounced inspection at a clinic in Hamilton April 22, Kaji denied he was the owner. During a closed-door hearing of a committee of the board on May 5, Kaji “repeatedly testified under oath that he was not the owner,” according to the complaint filed June 16 by Deputy Attorney General Bindi Merchant.
“He expressly testified that ‘there is no other person around, (Brigham’s) the only one who runs the show,” according to the complaint obtained by NJ Advance Media.

Kaji’s “ownership of American Healthcare Services is a sham transfer and thus constitutes the use or employment of dishonesty, deception, misrepresentation, false promise or false pretense,” according to the complaint, which asked the board to suspend or revoke his medical license.

He “aided and abetted the unlicensed practice of medicine,” according to the complaint.
Consumer Affairs spokesman Neal Buccino said he could not confirm or deny whether the investigation into Kaji has opened a new case against Brigham.

Brigham’s attorney Joseph Gorrell could not be reached for comment. Kaji did not return a call to the Princeton Women’s Services clinic in Hamilton.
Marie Tasy, executive director for New Jersey Right to Life, thanked the Attorney General’s Office for “looking into this matter further, and is glad that action is finally being taken to stop these two disgraced doctors’ and their schemes, which have harmed women in the state of New Jersey.”

Tasy said she hopes the actions revealed in the attorney general’s complaint “puts an end to Brigham’s attempts to practice ever again.”

“It’s pretty frightening this man could get his license back. This is another piece of evidence that shows he continues to flout the law and engage in deceptive practices.”

This is not the first time Kaji has been the target of an investigation.
In 1993, the Pennsylvania Board of Medicine revoked his license for a year after he admitted having sex with a patient in his office in Yardley, Pa. and inappropriately prescribing her steroids and tranquilizers. The patient had been a victim of childhood sexual abuse and was suffering from depression, according to the Pennsylvania order. Two other patients also accused him of sexual abuse but he denied the allegations.

New Jersey also suspended his license for a year over the offenses in Pennsylvania. The record of his New Jersey suspension is not on the state website that lists doctor disciplinary actions, however, because the law only requires online records to go back 10 years, according to the division of Consumer Affairs.

In 1996, Brigham hired Kaji, and in 2010 promoted him to medical director, according to the complaint.
In 2013, New Jersey’s physician disciplinary board required Kaji undergo a neuropsychological examination because of “memory loss/impairment” issues. The evaluation found “mild cognitive impairment” but he was deemed fit to practice.

Pain Capable Unborn Child Protection Act introduced in the U.S. Senate. Action Needed.

Baby Pink

Senator Lindsey Graham (R-SC) introduced S1553, the Pain Capable Unborn Child Protection Act on June 11, 2015.  This is the companion bill to H.R. 36, introduced by Congressman Trent Franks (R-AZ) which passed the U.S. House of Representatives on May 13, 2015 by a vote of 242-184-1.

Action Needed: 

Please call U.S. Senators Menendez and Booker and urge them to support S1553.

Senator Robert Menendez 

Wash.D.C. office 202 224-4744

NJ offices:  973 645-3030, 856 757-5353

email:  www.menendez.senate.gov

Senator Cory Booker

Wash. D.C. office:  202 224-3224

NJ offices:  973 639 8700, 856 338-8922

email:  www.booker.senate.gov

——————————————————————————————————————–

FOR IMMEDIATE RELEASE:                Contact:          Lorcan Connick or Kevin Bishop

June 11, 2015                                                                          (202) 224-5972 / (864) 250-1417

 

Graham Introduces Pain Capable Unborn Child Protection Act

 

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) was joined by pro-life and pro-family leaders today in introducing the Pain Capable Unborn Child Protection Act in the United States Senate.

 

Graham said:

 

“There are only seven countries that allow wholesale abortions at the 20-week period including China and North Korea.  The United States should not be in that club. 

 

“I don’t believe abortion, five months into pregnancy, makes us a better nation.  I look forward to leading this long-overdue effort and pushing for a roll call vote in the Senate.

 

“Today is the start of a journey, much like the one we used to pass the Unborn Victims of Violence Act and the Partial Birth Abortion Ban.  I have no doubt the legislation will one day be passed by Congress and signed into law. 

 

“America is at her best when she’s standing up for the least among us and the sooner we pass this legislation into law, the better.  We are on the right side of history.”

 

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  • 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.

 

  • Companion legislation passed the U.S. House of Representatives in May by a vote of 242-184.

 

 

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 –

 

    • 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

 

    • 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 –

 

    • 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

 

    • the abortion provider must receive informed consent from the pregnant woman, informing her of the child’s age, a description of the law, and the woman’s 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 post-fertilization 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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H.R. 36, The Pain Capable Unborn Child Protection Act Passes in the U.S. House of Representatives

twenty week baby

 

On May 13, 2015, the U.S. House of Representatives passed H.R. 36, the Pain Capable Unborn Child Protection Act by a vote of 242-184.  All Republican Members of Congress from NJ  voted Yes except, Rodney Frelinghuysen (R-11), who voted No with all the Democratic Members of Congress from NJ.

The Roll Call Vote can be found Here

Below is a Statement from NJ Congressman Chris Smith (R-4) who was one of the lead sponsors of the Legislation.  We wish to thank Congressman Smith and all the Members who voted yes to protect pain capable unborn children from excruciating pain and death.

Protect Pain Capable Unborn Children from the Violence of Abortion

U.S. Rep. Chris Smith (NJ-04)

Excerpts of Remarks on H.R. 36

May 13, 2015

Two years ago today, Pennsylvania abortion doctor Kermit Gosnell was convicted of murder, conspiracy to kill and involuntary manslaughter and sentenced to life imprisonment.

Even though the news of Gosnell’s child slaughter was largely suppressed by the mainstream media, many of my colleagues may remember that Dr. Gosnell operated a large Philadelphia abortion clinic where women died and countless babies were dismembered or chemically destroyed often by having their spinal cords snipped—all gruesome procedures causing excruciating pain to the victim.

Today, the House considers landmark legislation authored by Trent Franks to protect unborn children beginning at the age of 20 weeks post fertilization from pain-filled abortions.

The Pain Capable Unborn Child Protection Act is needed now more than ever because there are Gosnells all over America, dismembering and decapitating pain-capable babies for profit:

  • Men like Steven Brigham of New Jersey, an interstate abortion operator—35 aborted babies were found in his freezer.
  • Men like Leroy Carhart, caught on video tape joking about his abortion toolkit—complete with a “pickaxe” and “drill bit”—while describing a three day long late term abortion procedure and the infant victim as “putting meat in a crock pot.”
  • Or like Deborah Edge who wrote in an op-ed that she “saw the abortionist puncture the soft spot in the baby’s head or snip his neck if it was delivered alive.”

Some euphemistically call this choice, but, a growing number of Americans rightly regard it as violence against children. And huge majorities—60 percent according to November 2014 Quinnipiac poll—want it stopped!

Fresh impetus for the bill came from a huge study of nearly 5,000 babies—preemies—published last week in the New England Journal of Medicine. The next day, a New York Times article titled: “Premature Babies May Survive at 22 Weeks if Treated” touted the Journal’s extraordinary findings of survival and hope. (Let me note that these 22-week-old children referred to in the Times articles are the same age as the 20-week children that will be protected by this bill. The only difference is the method used to calculate age.)

Just imagine, Madame Speaker, preemies at 20 weeks are surviving as technology and medical science advance. And some like Alexis Hutchinson, featured in the New York Times story is today a healthy 5 year old who originally weighed in at a mere 1.1 pounds.

Thus the babies we seek to protect from harm today may survive if treated humanely, with expertise and compassion—not the cruelty of the abortion.

That is why, H.R. 36 requires that a late abortion permitted under limited circumstances provide the “best opportunity for the unborn child to survive” and that “a second physician trained in neonatal resuscitation” be “present and prepared to provide care to a child” consistent with the Born-Alive Infants Protection Act of 2002.

The Pain-Capable Unborn Child Protection Act recognizes the medical evidence that unborn children feel pain.

One leading expert in the field of fetal pain, Dr. Anand, at the University of Tennessee stated in his expert report, commissioned by the U.S. Department of Justice: It is my opinion that the human fetus possesses the ability to experience pain from 20 weeks of gestation, if not earlier, and the pain perceived by a fetus is possibly more intense than that perceived by term newborns or older children.”

Surgeons today entering the womb to perform corrective procedures on unborn children have seen those babies flinch, jerk, and recoil from sharp objects and incisions.

Surgeons routinely administer anesthesia to unborn children in the womb. We now know that the child ought to be treated as a patient, and there are many anomalies, many sicknesses that can be treated while the child is still in utero. When those interventions are done, anesthesia is given.

Dr. Colleen Malloy, assistant professor, Division of Neonatology at the Northwestern University, in her testimony before the House Judiciary Committee said: “When we speak of infants at 20 weeks post-fertilization we no longer have to rely on inferences or ultrasound imagery, because such premature patients are kicking, moving and reacting and developing right before our eyes in the neonatal intensive care unit.”

Dr. Malloy went on to say, “in today’s medical arena, we resuscitate patients at this age and are able to witness their ex-utero growth.” She says “I could never imagine subjecting my tiny patients to horrific procedures such as those that involve limb detachment or cardiac injection”

Other provisions in H.R. 36 include:

  • An Informed Consent Form including the age of the child; a description of the law; an explanation that if the baby is born-alive, he or she will be given medical assistance and transported to a hospital; and information about the woman’s right to sue if these protections are not followed.  Women deserve this information.
  • The woman is empowered with a Civil Right of Action, so she may sue abortion providers who fail to comply with the law. Parents are also given a civil right of action if the law is not followed with regard to their minor daughter.
  • In the case of a minor who is pregnant as a result of rape or incest and is having an abortion at 20 weeks or later, the abortion provider must notify either social services, or law enforcement to ensure the safety of the child and stop any ongoing abuse.
  • In the case of an adult who is pregnant as a result of a sexual assault and is having an abortion at 20 weeks or later, the provider must ensure that she has received medical treatment or counseling at least 48 hours prior to the abortion.

 Compliance with State Laws including parental involvement requirements, and state reporting requirements is required.

  • The National Center for Health Statistics will issue an Annual Statistical Report (without personally identifying information) providing statistical information about abortions carried out after 20 weeks post-fertilization age.

Finally, pain, we all dread it. We avoid it. We even fear it. And we all go to extraordinary lengths to mitigate its severity and its duration.

Today, there are Kermit Gosnells all over America inflicting not only violence, cruelty, and death on very young children, but excruciating pain as well. This legislation protects an entire age specific class of kids from preventable pain—and death.

Jeff Sagnip

Communications Director for Cong. Chris Smith

2373 Rayburn House Office Bdg.

Washington, DC 20515

tel. (202) 225-3765/ jeff.sagnip@mail.house.gov

http://chrissmith.house.gov/