Debate about Fetal Pain

The U.S. Congress is considering legislation that would require abortion providers to inform women seeking abortion at 20 or more weeks that their fetuses may feel pain and that they have the option to choose direct fetal anesthesia or analgesia (S.51 The Unborn Child Pain Awareness Act of 2005). Similar legislation has been proposed at the state level in California, Kentucky, Minnesota, Montana, New York, Oregon, and Virginia. Arkasnsas and Georgia enacted such statutes in 2005.

Such legislation raises many issues, including:

•   When are fetuses capable of feeling pain (if at all)?
•   Is there an effective way to deliver anesthesia or analgesia directly to the fetus?
•   Is fetal anesthesia or analgesia safe for the pregnant woman?

UCSF researchers published a literature review, "Fetal Pain: A Systematic Multidisciplinary Review of the Evidence," in the August 24, 2005 issue of the Journal of the American Medical Association. The review examined the evidence concerning the necessity, efficacy, and safety of fetal pain intervention during abortion. The authors found that fetal pain is unlikely before 29 weeks' gestational age. They also found limited or no data to demonstrate a safe and effective means of delivering anesthesia or analgesia to a fetus while maintaining the well-being of a pregnant woman during an abortion.

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