The impetus to ban the partial birth abortion procedure was triggered in large part by growing scientific evidence that the unborn child feels pain. Dr. K. S. Anand, the world’s foremost authority on research into pain perception in fetal and neonatal children testified as an expert witness at another Partial Birth Abortion trial in New York, saying that the fetus feels pain by 20 weeks, possibly even earlier, and that the pain endured by the child during a partial birth abortion would be “prolonged and excruciating.” “Such evidence is very damaging to the abortion industry,” Dr. Johnston noted.
Referring to the study itself, Dr. Johnston pointed out that this study did not involve any new research to assess fetal pain; rather, this study was an interpretation of the results of previous studies. “And a number of those interpretations are just not scientifically grounded,” Dr. Johnston said. The researchers refer to one study of 102 premature newborns which used an electrical recording method (evoked potentials) to record the brain’s responses to stimuli. That study found that signals are present at 29 weeks. “The researchers of this study use that as evidence to support their claim that pain is not felt until 29 weeks—yet they failed to inform the reader that that study of newborns involved only two who were under 29 weeks, but even they evoked a response, although slightly delayed compared to the rest.”
Another weakness involves interpretation of studies which used electroencephalography (EEG) to measure brain activity. The researchers refer to a study which found normal EEG signals appear at 24 weeks which they dismiss in favour of another study which found that EEG signals representing wakefulness appear around 30 weeks and conclude from this that pain is not felt until 30 weeks. “They are assuming wakefulness is needed before pain can be felt,” Dr. Johnston said “Wakefulness is a red herring. Preemies sleep a lot, and their EEG—like ours—is markedly different in the waking or sleeping state. But if I hurt someone while they’re asleep, they will immediately wake with pain. The key is that normal EEG waves were recorded as early as 24 weeks and this finding is discounted by the researchers.”