Content note: Blunt descriptions of abortion procedures.
This is a draft amnesty post.
Summary
- It seems plausible that fetuses can suffer from 12 weeks of age, and quite reasonable that they can suffer from 24 weeks of age.
- Some late-term abortion procedures seem that they might cause a fetus excruciating suffering.
- Over 35,000 of these procedures occur each year in the US alone.
- Further research would be desired on interventions to reduce this suffering, such as mandating fetal anesthesia for late-term abortions.
Background
Most people agree that a fetus has the capacity to suffer at some point. If a fetus has the capacity to suffer, then we ought to reduce that suffering when possible. Fetal anesthesia is standard practice for fetal surgery,[1] but I am unaware of it ever being used during late-term abortions. If the fetus can suffer, these procedures likely cause the fetus extreme pain.
I think the cultural environment EAs usually live in tends to minimize concern for fetal suffering. Some worry that promoting care for fetal welfare will play into the hands of abortion opposers. However, as Brian Tomasik has pointed out, one can certainly support abortion as an option while recognizing the potential for fetal consciousness during late-term abortion procedures.
Surgical Abortion Procedures
LI (Labor Induction)[2]
- Gestational age: 20+ weeks.
- Method: The fetus is administered a lethal injection with no anesthesia, often of potassium chloride, which causes cardiac arrest and death within a minute. The Human Rights Watch calls the use of potassium chloride for the death penalty without anesthesia "excruciatingly painful" because it "inflames the potassium ions in the sensory nerve fibers, literally burning up the veins as it travels to the heart."[3] (Disclaimer: This describes an intravenous injection, whereas intra-amniotic or intra-fetal injections are more common in the case of abortion.) The American Veterinary Medical Association considers the use of potassium chloride without anesthesia "unacceptable" when euthanizing vertebrate animals.[4]
D&E (Dilation and Evacuation)[5]
- Gestational age: 13-24 weeks.
- Method: The fetus's limbs are torn off before the fetus's head is crushed. The procedure takes several minutes.
When Can a Fetus Suffer?
The traditional view of fetal sentience has been that "the cortex and intact thalamocortical tracts," which develop after 24 weeks, "are necessary for pain experience."[6] However, mounting evidence of suffering from adults with disabled cortices and animals without cortices has cast doubt on the traditional view.[7] "Overall, the evidence, and a balanced reading of that evidence, points towards an immediate and unreflective pain experience mediated by the developing function of the nervous system from as early as 12 weeks."[8] 12 weeks is when the first projections are made into the fetus's cortical subplate,[9] which will eventually grow into the cortex.
I am a layperson who doesn’t have the expertise to evaluate these studies. However, I don't see a good reason to have substantially less concern for 24+ week fetuses than for infants. Though the arguments for 12-24 week fetuses are weaker, it still seems plausible that they have some capacity to suffer. Given the potential scale of fetal suffering due to late-term abortions, it seems that this evidence is worth seriously examining.
Scale in US and UK
2021 UK[10]
The following is a selection from the UK abortion data tables:
7a: Weeks from Gestation | 13 to 14 | 15 to 19 | 20+ |
---|---|---|---|
Total Abortions | 5,322 | 5,528 | 2,686 |
D&E (%) | 25% | 74% | 44% |
LI with surgical evacuation (%) | 0% | 1% | 18% |
LI with medical evacuation (%) | 0% | 0% | 20% |
Assuming the given percentages are exact, this gives us:
Abortion Procedure | Abortions per Year (UK) |
D&E | 6,603 |
LI | 1,076 |
2020 USA[11]
- 36,531 surgical abortions at >13 weeks and 4,382 abortions at ≥21 weeks were reported.
- In 2021 UK, 38% of the ≥20 week surgical abortions were LI, which we can assume as a prior on what percentage of ≥21 week surgical abortions in 2020 USA were LI.
- My understanding is that USA surgical abortions at >13 weeks which aren't LI are always D&E.
- These observations give us the following table:
Procedure | Abortions per Year (US) |
D&E | 34,866 |
LI | 1,665 |
As this is a draft post, I have not estimated how many of these procedures occur each year worldwide. However, given the US and UK numbers, I would guess the amount is in the hundreds of thousands.
Interventions
At least one paper affirmatively recommends fetal anesthesia from 12 weeks: "Fetal analgesia and anaesthesia should thus be standard for abortions in the second trimester, especially after 18 weeks when there is good evidence for a functional connection from the periphery and into the brain." Further research would be desired to see whether advocacy for fetal anesthesia is cost-effective enough to be competitive with leading global health interventions.
- ^
Saxena, Kirti N. “Anaesthesia for Fetal Surgeries.” Indian Journal of Anaesthesia, vol. 53, no. 5, 2009, pp. 554–9, www.ncbi.nlm.nih.gov/pmc/articles/PMC2900087/
- ^
“Second Trimester Labor Induction Abortion.” Michigan Health and Human Services, www.michigan.gov/mdhhs/adult-child-serv/informedconsent/michigans-informed-consent-for-abortion-law/procedures/second-trimester-labor-induction-abortion
- ^
“So Long as They Die: Lethal Injections in the United States: II. Lethal Injection Drugs.” Human Rights Watch, www.hrw.org/reports/2006/us0406/4.htm
- ^
Leary, Steven, and Johnson, Cia. AVMA Guidelines for the Euthanasia of Animals: 2020 Edition. Members of the Panel on Euthanasia AVMA Staff Consultants. 2020.
- ^
“Dilation and Evacuation (D&E).” Michigan Health and Human Services, www.michigan.gov/mdhhs/adult-child-serv/informedconsent/michigans-informed-consent-for-abortion-law/procedures/dilation-and-evacuation-de
- ^
Derbyshire, S. W., & Bockmann, J. C. (2020). "Reconsidering fetal pain." Journal of Medical Ethics, 46(1), 3–6. https://doi.org/10.1136/medethics-2019-105701
- ^
Ibid.
- ^
Ibid.
- ^
Kostović I, Judaš M. The development of the subplate and thalamocortical connections in the human foetal brain. Acta Paediatr 2010;99(8):1119–27. https://doi.org/10.1111/j.1651-2227.2010.01811.x
- ^
Abortion statistics for England and Wales: 2021 Data Tables. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1125274/Abortion_Statistics_2021_data_tables_revision.ods
- ^
Kortsmit K, Nguyen AT, Mandel MG, et al. Abortion Surveillance — United States, 2020. MMWR Surveill Summ 2022;71(No. SS-10):1–27. DOI: http://dx.doi.org/10.15585/mmwr.ss7110a1
Thanks for this. I find it very strange that fetal anesthesia isn't standard here: unless there's some countervailing medical reason (risk to the mother?) or very significant expense involved, it seems like a clear moral improvement.
fwiw, I think a better comparison would be leading animal welfare interventions. Those seem more similarly targeted at raw suffering-reduction, whereas most "global health interventions" serve to increase global productive capacity and so have positive expected flow-through effects that pure suffering-reduction does not. I grant that this is "human" rather than "non-human", so I get where you're coming from; I'm just suggesting that this isn't actually the morally relevant distinction between the two cause areas.
(I should probably write a full post someday about why I think the standard breakdown of EA cause buckets isn't well-conceived, even though it works well enough in practice because it's very close to something that I do think makes sense.)
In the US, abortion is often a private-pay surgery, and so keeping costs low is seen as more of a concern than with procedures for which insurance is usually footing the bulk of the bill.
I'm not sure how difficult fetal anesthesia is -- a skim suggests IM fetanyl might be used here. Injecting into the wrong area by accident seems easier than for a newborn, especially where the anesthesia is not performed by an experienced fetal surgeon.