"Pain-Capable Unborn Child Protection Act"; bans abortion 20 weeks or more after fertilization.
Moreover, S382 outlines the necessary protocols that physicians must follow when determining post-fertilization ages, requiring them to make inquiries and potentially conduct medical examinations. Severe penalties are established for physicians who perform abortions in violation of the stipulated age restrictions—classified as a crime of the third degree, which could lead to a substantial prison sentence or financial penalties. However, the legislation explicitly ensures protection from civil or criminal liability for women upon whom abortions are performed under illegal circumstances, allowing them to focus on their health.
Senate Bill S382, known as the 'Pain-Capable Unborn Child Protection Act', seeks to establish restrictions on abortion procedures in the state of New Jersey. Under this bill, no abortion would be permitted if the unborn child has a post-fertilization age of 20 weeks or more, unless specific exceptions apply. The bill highlights a significant legislative move towards banning late-term abortions based on the assertion that unborn children are capable of feeling pain at this stage. The inception of this bill is intended to reinforce the state's interest in protecting the lives of the unborn by introducing more stringent regulations surrounding abortion practices.
The bill also introduces mandated documentation and reporting for abortions performed under the exceptions for health threats to the mother or in cases of rape or incest. Critics of S382 have raised concerns about the potential implications on individual rights and access to reproductive healthcare. Key points of contention revolve around the autonomy of women in making medical choices, particularly in complex cases involving rape, incest, and the life-threatening conditions that can arise during pregnancy. As this bill proceeds through the legislative process, debates regarding its moral, legal, and medical justifications are expected to intensify.