Fetuses Called Impervious to Sensation of Pain

By Neil Osterweil, MedPage Today Staff Writer
Reviewed by Rubeen K. Israni, M.D., Fellow, Renal-Electrolyte and Hypertension Division, University of Pennsylvania School of Medicine
April 14, 2006

Explain to interested patients that the author asserts that fetal neural circuitry determining pain perception is not fully developed until about 26 weeks of gestation, and that fetuses do not have the developmental capacity to experience pain, which requires development of conscious understanding.

Be aware that three states -- Arkansas, Georgia, and Minnesota -- mandate that health care providers tell women that fetuses may be able to feel pain by 20 weeks of gestational age, an assertion that according to the author is not supported by medical evidence.


Review

BIRMINGHAM, England, April 14 - Fetuses are physically incapable of feeling pain until the end of the second trimester, and unlike newborn children have not developed the processes that would allow them to recognize pain as a signal of a harmful encounter, a researcher here asserted.


"An absence of pain in the fetus does not resolve the question of whether abortion is morally acceptable or should be legal," wrote Stuart W.G. Derbyshire, Ph.D., a senior psychologist at the University of Birmingham, in the April 15 issue of the BMJ, formerly the British Medical Journal. "Nevertheless, proposals to inform women seeking abortions of the potential for pain in fetuses are not supported by evidence."


The states of Arkansas, Georgia, and Minnesota have all enacted legislation requiring that women seeking an abortion be told that fetuses may feel pain after 20 weeks of gestation; and 22 other states have similar legislation pending. A comparable federal law has been proposed.

Yet such laws are based on information of dubious merit, Dr. Derbyshire asserted.

"Legal or clinical mandates for interventions to prevent such pain are scientifically unsound and may expose women to inappropriate interventions, risks, and distress," he wrote.

"Avoiding a discussion of fetal pain with women requesting abortions is not misguided paternalism, but a sound policy based on good evidence that fetuses cannot experience pain," he added.

The crux of his argument is that both from a physiologic and developmental standpoint, fetuses cannot experience pain - in part because the neural circuitry is not fully connected before 26 weeks' gestation, and in part because fetuses don't have the developmental capacity to understand that a provocative stimulus is painful.

"Important neurobiological developments occur at seven, 18, and 26 weeks' gestation and are the proposed periods for when a fetus can feel pain," he noted. "Although the developmental changes during these periods are remarkable, they do not tell us whether the fetus can experience pain. The subjective experience of pain cannot be inferred from anatomical developments because these developments do not account for subjectivity and the conscious contents of pain."

Dr. Derbyshire likened the pain perception system in the developing fetus to an alarm system in which the wiring is gradually laid down, but the final connections are not made until 26 weeks gestation, when neuronal projections from the thalamus to the cortex have been completed.

The minimum gestational age at which a pain signal may be transmitted from the periphery is seven weeks, the point at which neural projections from the spinal cord can reach the thalamus, he said.

Yet the wiring from the thalamus to the cortex is not laid down until about 12 to 16 weeks, and thalamic projections into the cortical plate are not completed until about 23 weeks. Another two to three weeks are needed before peripheral free nerve endings and their projection sites in the spinal cord are fully mature.

"By 26 weeks' gestation, the characteristic layers of the thalamus and cortex are visible, with obvious similarities to the adult brain, and it has recently been shown that noxious stimulation can evoke hemodynamic changes in the somatosensory cortex of premature babies from a gestational age of 25 weeks," he wrote. "Although the system is clearly immature and much development is still to occur, good evidence exists that the biological system necessary for pain is intact and functional from around 26 weeks' gestation."

But even with a fully intact and functional system in place, he argued further, fetuses have not developed the conscious capacity to understand, process, or experience pain.

He pointed out that the International Association for the Study of Pain defines pain as "an unpleasant sensory and emotional experience associated with actual or potential tissue damage, or described in terms of such damage," and that "pain is always subjective. Each individual learns the application of the word through experiences related to injury in early life."

By this definition then, pain is a conscious, learned response, Dr. Derbyshire said.

"The limited neural system of fetuses cannot support such cognitive, affective, and evaluative experiences; and the limited opportunity for this content to have been introduced also means that it is not possible for a fetus to experience pain," he wrote.

He acknowledged that his thesis is provocative and has both clinical and public policy implications.

For example, with the growing frequency of in utero surgeries and other intervention to correct fetal developmental defects, clinicians might be inclined to give anesthesia to the fetus in the belief that it can mitigate pain.

"However, the greater immaturity of fetuses and their different hormonal and physical environment indicate that clinical trials should be carried out with fetal patients to show improved outcomes," Dr. Derbyshire wrote. "Currently no defined evidence-based fetal anesthesia or analgesia protocol exists for these procedures."

And from a political viewpoint, he noted that "the case against fetal pain, as documented here, indicates that a mandate to provide pain relief before abortion is not supported by what is known about the neurodevelopment of systems that support pain."

"Proposals to directly inject fetuses with fentanyl or to provide pain relief through increased administration of fentanyl or diazepam to pregnant women, which increase risks to the women and costs to the health provider, undermine the interests of the women and are unnecessary for fetuses, who have not yet reached a developmental stage that would support the conscious experience of pain," Dr. Derbyshire wrote.



Primary source: BMJ
Source reference:
Derbyshire SWG. "Can fetuses feel pain?" BMJ 2006;332:909-12



Leanne Wynne
Midwife in charge of "Women's Business"
Mildura Aboriginal Health Service  Mob 0418 371862


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