Induced abortions are performed using one of several methods, and the safety and appropriateness of the procedure is determined by the maturity of the fetus, calculated by the date of the woman’s last menstrual period.  The average length of a full-term pregnancy is 39 to 40 weeks, which is divided into three stages known as trimesters.  As a fetus matures, the types of viable abortive procedures becomes limited, and medical experts have stated that the D&X procedure is the safest method of late pregnancy termination for some women, (NOW, p.2).  The D&X procedure is performed in the second and third trimesters of pregnancy, usually between the 16th and the 24th week, and involves partially removing the fetus from the uterus through the vaginal canal, in a breech position, and then collapsing the skull to allow for complete removal of the fetus from the uterus, (Encarta Encyclopedia, p.2).  Although the description of this medical procedure paints an admittedly horrific picture, opponents of banning such procedures proclaim that “Such procedures are extremely rare, making up only four one-hundredths of one percent (0.04%) of all abortions performed in the U.S.,” according to Brennan Ames, a NOW Intern.  “They are performed only in tragic circumstances, when a woman’s life or health is in danger or when there is extremely severe fetal abnormality.”  Political opponents of this procedure are so incensed that such a procedure can legally be performed, feels it borders on infanticide, and have attempted to take the decision to perform this medical procedure out of the hands of the doctor and the patient, and forbid it from being considered as a medical option.

    The Federal Bill, “The Partial Birth Abortion Ban Act” of 1997, H.R. 1122,  has become the model for most of the state laws, although it has been repeatedly been vetoed and attempted overrides have consistently failed in the senate.  It was intended to amend Title 18 of the United States Code, by inserting after chapter 73, “Chapter 74—Partial Birth Abortions”, and the following: “1531. Partial-birth abortions prohibited”.  The intent of the federal legislation, as found in Thomas, was to “prohibit partial birth abortions, meaning an abortion in with the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing delivery.”  Section 1531’s main points included:

1. A fine or a two-year imprisonment for physicians performing such procedures.

2. “Appropriate relief” to the “father of the fetus”, if he was married to the “mother” at the time she receives the abortion, or if the “mother” had not yet turned 18 years of age, to the “maternal grandparents” of the fetus.  Appropriate relief means “monetary damages for all injuries, psychological and physical, and statutory damages equal to three times the cost of the abortion”.  The relief may not be obtained if the pregnancy resulted from the “plaintiff’s criminal conduct or the plaintiff consented to the abortion.”

3. The “defendant accused of the offense under this section [the physician who performed the abortion] may seek a hearing before the State Medical Board on whether the physician’s conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness or injury.”

4. The woman whom a partial birth abortion was performed may not be prosecuted under this section.