Has Buchweitz Given Up Her Maternal Rights By Suing Her Doctors?
One issue remains, however. Buchweitz sued and recovered money from the insurer of her fertility providers. Doesn’t this weaken her claims to the boy? It might seem so, for two reasons. First, her suit against her providers might look like a statement from her that she is somehow dissatisfied with the child that resulted from her fertility treatment. Second, her financial recovery might appear to stand as a substitute for the relationship that she had hoped to have (but has now resigned herself to giving up) with her child. On closer scrutiny, however, neither conclusion follows from the earlier litigation. First, Buchweitz evidently was and continues to be happy with the child to whom she gave birth. She considers him her son and herself his mother. Her suit and recovery reflect the fact that because of the fertility doctors’ errors, she faces the possibility of losing her child, and she must fight for rights that should have been hers automatically. She is not dissatisfied with the c
