NCJ Number
125176
Journal
Judges' Journal Volume: 29 Issue: 2 Dated: (Spring 1990) Pages: 14-21
Date Published
1990
Length
8 pages
Annotation
AIDS-related issues are examined in the context of family law at the State and Federal levels.
Abstract
The issue of AIDS poses problems in marital relationships regarding mandatory premarital HIV testing, prohibition on marriage between persons if one of them is HIV positive, common law doctrine of necessaries as applied to the high cost of health care for AIDS patients, and conjugal visits to prisoners with AIDS. In marital dissolution, AIDS may serve as grounds for divorce, or annulments and may affect property division at divorce settlements. Issues of AIDS arise most frequently regarding custody and visitation of children, followed by abuse and neglect proceedings and foster care placement with emphasis on the ability of a parent with AIDS to care for their custodial child. However, testing issues, particularly the right to know a child's HIV status in adoption and foster care cases, present the most difficult decisions for the courts. In neglect proceedings, the possibility of compelled abortion or involuntary sterilization may arise, but should be governed by the privacy right of the fourteenth amendment. 48 notes.