Fetal pain cited as issue in abortion

JEFFERSON CITY — In one of the latest pieces of legislation on abortion sponsored by a Missouri state senator pregnant women would have to be notified of the possibility of their fetuses feeling the operation.

Sen. Chuck Gross, R-St. Charles County, wants to require abortion providers to notify a woman whose fetus is 20 weeks or older in gestational age that there is a chance her fetus might feel pain during the procedure. The physician performing the abortion would also be required to offer the pregnant woman the option of anesthesia or analgesic for the fetus, as well as advise her of the associated risks.

Under the proposed legislation, the information must be given to the mother in person at least 24 hours before the procedure, or by mail at least 72 hours before. The pregnant woman would be required to certify that she received the information before the procedure could begin.

“I believe that denying this option, denying the relief of pain for unborn children ,is denying their humanity,” Gross said before the Senate Judiciary Committee on Monday.

He said a “large number” of experts have agreed that by 20 weeks, a fetus has the capacity to experience pain.

Alison Gee, vice president of Public Policy for Planned Parenthood of the St. Louis region, said that there is no consensus in the medical community about when fetuses develop the physical structure to experience pain.

According to an August 2005 article on fetal pain in the Journal of the American Medical Association, several studies have been done, with varying results. One concludes that fetuses develop the necessary structure as early as 21 weeks gestation.

Another states that it develops as late as 30 weeks. The article adds that one may need to learn pain, through life experience.

Gee said that no fetal anesthesiologists exist in Missouri.

The article states that anesthesia is used during surgery in utero, although not for the purpose of easing pain. Rather, it is used to prevent fetal movement, increase muscle tone, prevent postpartum infant stress and prevent long-term adverse developmental problems.

The article adds that because pain perception is unlikely to occur until the third trimester, fetal anaesthesia should not be required.

Gee said that few abortions of more than 20 weeks gestation occur in Missouri, adding that those that do occur past 20 weeks were due to delays in access and unexpected— and possibly fatal— complications.

The article states that this kind of legislation, which passed in Arkansas and Georgia in 2005, would affect few abortions.

Committee chairman Sen. Matt Bartle, R-Jackson County, told Gee that if there is lack of consensus, there is doubt.

Gee said she was concerned about the pregnant woman’s safety because she already receives analgesic during an abortion.

The article further states that there are no standards for administering anaesthesia or analgesic for the purpose of aborting a fetus.

Todd Scott, chief of staff for Bartle, said that the bill could come up for a committee vote as early as Monday. If passed, it would go to the Rules Committee before going before the full Senate.