December 9, 2009

Honorable Richard N. Gottfried
Chair, Assembly Committee on Health
822 LOB
Albany, New York 12248

Re:          An Act to amend the public health law, in relation to enacting the Fetal Pain Prevention Act A424

Dear Assemblyman Gottfried:

The Women’s Bar Association of the State of New York (“WBASNY”) writes this letter to urge the Assembly Committee on Health to oppose the above-referenced bill, which would amend the State’s Public Health Law.  This bill, which would enact the “Fetal Pain Prevention Act,” would establish fixed notification requirements and written certification by the female with respect to fetal pain allegedly associated with an abortion.  Current law does not require such notification, but rather leaves such disclosure to the discretion of the attending physician.

The bill would require a physician performing an abortion on a pregnant female carrying a fetus of twenty or more weeks gestational age to provide the female with information on fetal pain, both in writing and orally.  The bill further provides that the information conveyed by the physician must include facts regarding: (a) the development of the fetal nervous system, (b) fetal responsiveness to adverse stimuli, and (c) a description of the actual steps in the abortion procedure to be administered.  The female, in turn, would then be required to provide her consent to the procedure in writing.  

WBASNY opposes this legislation on multiple grounds.  The bill would unnecessarily intimidate and coerce women into carrying their pregnancies to term.  Indeed, it is unclear why the bill would require a description of the abortion procedure if its sole purpose was to protect a fetus from unnecessary pain.  As such, the bill appears to be part of a long-standing and on-going attempt to erode a woman’s right to a safe and legal abortion.  The bill also attempts to legislate medicine and science without accounting for a physician’s independent judgment or innumerable unique circumstances, including a female’s own decision whether or not to request such information.  Finally, the bill would set a dangerous precedent that fetal rights are superior to those of a pregnant woman given its shift in focus away from the health of, as well as concern and compassion for, the woman.  Accordingly, WBASNY believes that the bill should not be enacted. 

WBASNY, with over 3,800 members, is the largest statewide bar association dedicated to promoting the advancement of women in the legal profession and in general.  Because our mission commits us to improving the status of all women in society, WBASNY addresses complex legal issues as we advocate for change for women and children throughout the state and promote the fair and equal administration of justice. 

Respectfully submitted,

Cynthia Schrock Seeley
President, WBASNY

cc:  Distinguished Members of the Assembly Committee on Health