# Plain Language Summary: Pain-Capable Unborn Child Protection Act

This bill would make it a federal crime to perform an abortion after 20 weeks of pregnancy, with very limited exceptions. The bill is based on the argument that fetuses can feel pain starting around 20 weeks of pregnancy, and Congress wants to protect them from that point forward. If passed, this law would apply nationwide and override many state laws that currently allow later abortions.

The main restriction is straightforward: doctors would be prohibited from performing abortions on pregnancies that are 20 weeks or older, with only three narrow exceptions. An abortion after 20 weeks would still be allowed if the mother's life is in danger from a physical health condition (though not from emotional or psychological problems), if the pregnancy resulted from rape and the woman received counseling or medical treatment for the rape at least 48 hours before the abortion, or if the pregnancy resulted from incest involving a minor and that incest was reported to authorities. For these exceptions, doctors would have to use the abortion method most likely to result in the fetus being born alive, and a second doctor trained in newborn care would need to be present.

The bill also creates significant new requirements for doctors performing any abortion after 20 weeks. Doctors would need to determine the exact age of the pregnancy through medical exams and tests, obtain a detailed informed consent form signed by the woman and a witness, and document that any rape or incest exception was properly reported. If a fetus is born alive during an abortion procedure, healthcare workers would be required to provide the same level of medical care as they would for any premature newborn, transport the baby to a hospital, and report any failures to do so to law enforcement.

This bill would affect women seeking abortions after 20 weeks of pregnancy, abortion providers, and hospitals. It would essentially eliminate access to abortion in the second half of pregnancy except in the specific circumstances listed, which is a significant change from current law in many states.

Pain-Capable Unborn Child Protection Act

Smith, Christopher H.

Pain-Capable Unborn Child Protection Act This bill establishes a new criminal offense for performing or attempting to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more. A violator is subject to criminal penalties&#8212;a fine, a prison term of up to five years, or both. The bill provides exceptions for an abortion (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.