Pain-Capable Unborn Child Protection Act

This bill, known as H.R. 36, seeks to amend the United States Code to protect unborn children who are capable of feeling pain. The bill states that pain receptors are present throughout the unborn child's body, and nerves connect these receptors to the brain by 20 weeks after fertilization. By 8 weeks, the unborn child reacts to touch, and by 20 weeks, they react to painful stimuli that would be recognized as painful in adults. The bill also states that subjecting the unborn child to such painful stimuli can have long-term harmful effects on their development.

The bill prohibits performing or attempting an abortion after 20 weeks unless it is necessary to save the life of the pregnant woman, the pregnancy resulted from rape or incest, or the unborn child has a condition that would prevent them from surviving outside of the womb. The bill also requires the presence of a neonatal resuscitation-trained physician if the pain-capable unborn child has the potential to survive outside the womb.

The bill imposes criminal penalties for violating these provisions and allows women upon whom an abortion is performed in violation of the law to seek civil remedies. It also requires physicians to submit annual summaries of all abortions performed on unborn children with a post-fertilization age of 20 weeks or more to the National Center for Health Statistics.

Rep. Justin Amash

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