Update on Abbie Dorn March 26, 2011Posted by Nina Rosenstand in Current Events, Ethics, Nina Rosenstand's Posts, Philosophy of Human Nature.
Tags: Abbie Dorn, personhood, visitation rights
You may remember the case of Abbie Dorn who ended up braindamaged after giving birth to her triplets in 2006 due to a series of medical errors. Her mother requested that Abbie’s children, being raised by her (now ex-) husband, should have regular visits with their mother, but their father refused on the grounds that it would be traumatic for the children, and claiming that Abbie would not benefit from it, either, due to her reduced mental state. Now a judge in Los Angeles has ruled that Abbie will indeed get visitation rights:
In a tentative 10-page ruling, Judge Frederick C. Shaller said that Abbie Dorn, 34, can see her daughter, Esti, and sons Reuvi and Yossi, for a five-day visit each year pending a trial in the acrimonious custody case. She also entitled to a monthly online Skype visit. A trial date has yet to be set.
“We are thrilled,” said Felicia Meyers, one of Dorn’s attorneys.
Although “there is no compelling evidence that the visitations by the children will have any benefit to Abby,” Shaller wrote, “…there is no compelling evidence that visitation with Abby will be detrimental to the children.”
In my previous post about Abbie’s situation I concluded (and pardon me for quoting myself! It’s easier to paste it in, here on a Saturday morning, than to rephrase it),
It’s not such a hard question. Be Solomonic. Err on the side of inclusive personhood—as long as there is a chance that Abbie is having experiences and wishes, respect them, and her. She is on a long, dark journey, and adding insult to her terrible injury by disregarding her potential personhood is unworthy these days. On the other hand, there is no reason why visitation rights should be granted from one day to the next, with the risk of traumatizing her toddlers. After all, she’s not asking for custody. If Abbie’s parents, and Abbie, want the best for the children (who at this point don’t even know they have a mother), they should be left with their father, and slowly be introduced to the story, with pictures, video, etc. Writing letters and drawing pictures to their mother could be the start of a relationship, building up a unique situation over months. I would assume that having a mother without a voice, or without arms that can hold them, but with loving eyes speaking a language of their own (if indeed Abbie herself is still behind those eyes), is a whole lot better than having no birth mother at all in their lives, and being told the story later when it is too late to amend the situation …what “might have been” is going to be cold comfort…
It seems that Judge Shaller holds the same view of Abbie and her children.