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Senate approves "fetal pain" abortion bill

BY TODD FERTIG

March 23, 2011 12:00 AM

TOPEKA — The Senate approved a bill today to place strict limits on abortions after 22 weeks, based on research that fetuses can feel pain at that point of development.

The fetal pain provision in House Bill 2218 is based on its proponents' belief that fetuses can experience pain prior to the third trimester of pregnancy, which has traditionally been a cutoff point for abortions except in extreme circumstances.

The Senate has passed other restrictions on abortion in previous years, only to see the bills vetoed by former Gov. Kathleen Sebelius. The fetal pain topic is a new one. It is expected that Gov. Sam Brownback will sign the bill into law.

The fetal pain bill passed the House overwhelmingly last month.

Several amendments to the House bill were offered in the Senate. In lengthy debate, the reliability of the research that demonstrates fetuses feel pain as early as 22 weeks was challenged.

"I don't want to put the state in the position of endorsing science that may be flawed," said Sen. Marci Francisco, D-Lawrence. She wanted to see the bill based on different research that would move the cut off to 26 weeks.

Sen. Julia Lynn, R-Olathe, said she considered the practice of aborting fetuses after 22 weeks "barbarism." She claimed babies born well before 26 weeks show very developed senses.

"Neonatal units across the nation are full of bravely struggling preemies who are surviving (despite being born before the 26-week cut off suggested by Francisco)," Lynn said.

"We're trying to identify a benchmark that would change the generic viability definition to one that's more accurate," said Sen. Terry Bruce, R-Hutchinson, who carried the bill on the Senate floor. "It's not absolute, there are still some questions, but it's more concrete than what it has been."

The issue of how to determine gestational age was also debated. The bill would require specific reports of gestational age to the Kansas Department of Health and Environment. The reliability of such reports was debated.

Gestational age is typically determined by a doctor based on a combination of the report of the mother and results of a sonogram.

Another unsuccessful amendment sought an exception for aborting fetuses with terminal birth defects.

Sen. Garrett Love, R-Montezuma, concluded the debate on the bill by describing the birth of his brother, Austin, a high school senior. Austin was born at 29 weeks and could fit in the palm of his father's hand, Love said.

Austin now is 6-feet-5 inches tall and played in the state basketball tournament earlier this month, Love said, adding that his brother will serve as his best man in his upcoming wedding.

"Every time I look at him it's a reminder to me of how precious and awesome life is," Love said.

Love read from a report that fetuses between 20 and 30 weeks of gestation actually have more pain receptors per square inch than they will have at any other point in life. He said that it is not until 40 weeks that fetuses develop pain suppressors.

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