HR 36 - 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 abortion after 20 weeks of pregnancy except in certain cases of rape or incest.


  • Prohibits abortion in cases where it is found probable by a trained physician that the pregnancy is 20 weeks or greater, unless under the following circumstances (Sec. 3):
    • The abortion is necessary to save the life of the pregnant individual due to a physical disorder, illness, or injury, not including psychological and emotional conditions; or

    • The pregnancy is the result of rape or incest.

  • Requires that a pregnant individual who tries to obtain an abortion as a result of rape or incest receive both medical treatment and counseling 48 hours prior to the procedure (Sec. 3).

  • Requires that a case of rape or incest be reported to a law enforcement agency by the physician performing the abortion prior to the procedure taking place (Sec. 3).

  • Requires that a physician intending to perform any part of an abortion first obtain an informed consent authorization form signed by the pregnant individual, a witness, and themselves which shall include the following information (Sec. 3):

    • A statement indicating the probable post-fertilization age of the pregnancy;

    • A statement explaining how federal law allows abortion after 20 weeks only if the woman’s life is endangered or the pregnancy is the result of rape or incest;

    • A statement that the abortion must be performed by the method most likely to allow for survival; and

    • That in such case, every form of medical assistance available to children born prematurely, including transportation and admittance to a hospital will be provided.

  • Specifies that any individual found to have violated this act may receive the following forms of punishment, including (Sec. 3):

    • A prison term of no more than 5 years; and

    • A monetary fine.

  • Requires any physician who performs an abortion described by this act submit an annual summary of all the abortions they performed to the National Center for Health Statistics which shall include the following information (Sec. 3):

    • The probable post-fertilization age of the fetus;

    • The method used to carry out the abortion;

    • The location where the abortion was conducted; and

    • Any incident of live birth resulting from the abortion.