HR 1797 - Pain-Capable Unborn Child Protection Act - National Key Vote


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Title: Pain-Capable Unborn Child Protection Act

Vote Smart's Synopsis:

Vote to pass a bill that prohibits abortions after 20 weeks since fertilization.


  • Prohibits abortions after a physician has determined that a fetus has reached a “probable post-fertilization age” of 20 weeks, except in the following circumstances (Sec. 3):
    • The abortion is necessary to avert the death of the pregnant woman; or
    • The pregnancy is the result of rape or incest against a minor and the rape or incest was reported to an appropriate law enforcement agency prior to the abortion.
  • Prohibits a physician from using the psychological or emotional condition of the pregnant woman as a basis for determining the necessity of an abortion (Sec. 3).
  • Defines “post-fertilization age” as the age of the fetus as calculated from the fusion of a human spermatozoon with a human ovum (Sec. 3).
  • Requires a physician to perform an abortion in a manner which will provide the best opportunity for the fetus to survive unless termination of the pregnancy in that manner would pose a greater risk of death or injury to the pregnant woman than another available method (Sec. 3).
  • Specifies that a violation of this bill by a physician is subject to a fine, no more than 5 years imprisonment, or both (Sec. 3).