The United States is one of only seven countries in the world that allows elective late-term abortions after 20 weeks.* There is strong evidence in the scientific literature that babies in utero feel pain as early as 12 weeks—and definitely by 20 weeks.** To save unborn children from painful, late-term elective abortions, pro-life Members of Congress tried—but failed—to pass the Pain-Capable Unborn Child Protection Act in 2017.

The bill has been reintroduced in Congress and creates a new legal penalty for any individual who performs an abortion on a baby after it is capable of feeling pain at 20 weeks’ gestation. It also allows the mother to file civil action for damages against that individual. Mothers are not prosecuted.

The Pain-Capable Unborn Child Protection Act has over 170 House co-sponsors but sits  dormant. In late February 2020, the Senate attempted to vote on it, but pro-choice liberals blocked the procedural motion and the vote failed.

SOURCES: *Canada, China, the Netherlands, North Korea, Singapore, and Vietnam are the other countries that allow abortion after 20 weeks; the Netherlands and Singapore restrict after 24 weeks. **See Angelina Baglini, J.D., “Gestational Limits on Abortion in the United States Compared to International Norms,” Charlotte Lozier Institute, February 1, 2014, and “Fact Sheet: Science of Fetal Pain,” Charlotte Lozier Institute, February 19, 2020.