ABSTRACT
Human Immunodeficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) has had a profound impact on children and families. HIV/AIDS has been the subject of matrimonial litigation: testing, visitation, custody, or termination of parental rights. Some specifically address the issue for testing pregnant women and newborn children, others do not. There are several models of statutes for testing pregnant women and/or newborn children, some with voluntary testing and some with mandatory testing. The Indiana statute provides for voluntary testing of pregnant women with specific provisions for counseling. Mandatory testing of all infants would require an exorbitant expenditure of funds in order to identify the 1,500-2,000 newborns born HIV positive. HIV can be transmitted from a pregnant mother to her unborn child during pregnancy, at birth, or after birth through breast-feeding. At the time of the foster placement, the foster parents had concealed from the state that the foster mother was infected with HIV.
