Can HIV-infected people adopt children?

Unfortunately, not yet, and apparently this will not happen in the near future, but HIV-infected people can adopt if they are in a discordant couple, where the other half is HIV-negative.

Not yet (in Russia, at least), but soon this situation may change:

Russians who are infected with the human immunodeficiency virus (HIV) or hepatitis C virus can get the right to adopt or adopt children, as well as take them into care. The corresponding norm is spelled out in the draft law of the Government, which the State Duma plans to consider in the first reading on April 2.

The document says that adoption will be possible only if the child, due to already established family relations, lives with an infected citizen, and the court established that adoption is in the interests of the child.

Now the Family Code says that a citizen cannot adopt or adopt a child, take him under guardianship, take him into a foster or foster family if he is infected human immunodeficiency virus (HIV) or hepatitis C virus.

The initiative was developed on behalf of the Government in pursuance of the Resolution of the Constitutional Court (CC) on the case on checking the constitutionality of subparagraph 6 of paragraph 1 of Article 127 of the Family Code and paragraph 2 of the List of Diseases , in the presence of which a person cannot adopt (adopt) a child, take him under guardianship (guardianship), take him into a foster or foster family. The Constitutional Court recognized these points as inconsistent with the Constitution of the Russian Federation to the extent that they serve as the basis for refusing a sick citizen permission to adopt.

In the case of the spouses from the Moscow region who applied to the Constitutional Court, the relationship with the child was even closer. According to the materials, the woman was infected in the hospital after she had a miscarriage. She can no longer have children, so her sister gave birth to the couple by artificial insemination and it turns out that the baby is the plaintiff's husband. However, the courts refused to adopt his wife, citing the list of diseases approved by the Government of the Russian Federation.

Member of the State Duma Health Protection Committee Yuri Kobzev (United Russia) fully supports the concept of the bill. He reminded Parlamentskaya Gazeta that one can get infected with hepatitis C or HIV infection today with any manipulation: “For example, in a beauty salon, where manicure tools are poorly sterilized. Therefore, a person should not be responsible for such mistakes and it is wrong to restrict him in civil rights, in particular, in the ability to adopt a child, "Kobzev emphasized.

Today there are restrictions on the ability to adopt / establish custody of HIV-positive people.

However, there is a possibility of establishing such rights in a discordant relationship (where one partner is positive and the other is negative), or in the case of family ties between a child and an HIV-positive person.

Perhaps there will be relaxation of in the near future, since there is no real risk of HIV infection in the home and, therefore, this limitation is not logical.