The President of Russia Vladimir Putin has signed a law that will allow people with HIV and hepatitis C virus to adopt children.
However, we are talking only about cases where the child already lives in the family, reports the Chronicle.info with reference to bbc.com.
The document on the relevant amendments to the Family code published on the official portal of legal information.
It will allow the courts to rule in favor of people with HIV (and other diseases from the approved government list), if “the person wishing to adopt a child, lives with him due to the already existing family relationships, taking into account the interests of the adopted child and worthy circumstances”.
The draft law was submitted to the Duma in late 2018. It was developed by the government after the constitutional court of Russia in June 2018 invalidated a rule prohibiting people with HIV and hepatitis C to adopt children.
The reason for making this decision was the complaint of couples from the suburbs, which were denied adoption of a child due to the presence of HIV in the couple. A woman contracted in the hospital, which came after a miscarriage in 2012 (she has since passed on antiretroviral therapy).
The biological father of the child she wanted to adopt, became her husband, and mother — sister, to conceive using artificial insemination.
Although the child lived from birth in the family of the applicant and his biological mother gave up her parental rights, the couple were not allowed to adopt him.
Why HIV is grounds for failure
The legislation does not directly prohibit people living with HIV to adopt or take custody of children.
However, the ban actually applies to them based on the presence of “infectious diseases before the termination of the dispensary observation in connection with the stable remission”.
Despite the fact that modern medicines reduce the viral load and the retrovirus is not transmitted in everyday life, HIV remains an incurable disease, so stop medical supervision if any is impossible.
In 2014, the actual ban on adoptions by people living with HIV, was confirmed by the Supreme court of Russia. The court agreed with the opinion of the expert of the Ministry of health, who said that no one can predict how it will mutate the virus, and if the ill parent because of him weaken, then the child will have to fend for themselves.
21 June 2018, the constitutional court of Russia has acknowledged the ban of people living with HIV to adopt children is not corresponding to the Constitution of the country.
The court held that in matters of adoption “shall be taken into account the requirements of international legal acts”, which States that the primary consideration for the adoption or guardianship must be the “best interests of the child and his need for love.”
The judgment also stated that “the international community recognized that a person has HIV infection shall not be considered as posing a threat to public health”.
The denial of adoption on the basis of only the fact of having HIV or hepatitis C without taking into account “all relevant circumstances” violate provisions of the Constitution and international legal instruments on the rights of the child, the judge ruled.
13 Feb 2019 on the basis of this decision Balashikha city court allowed the couple from the suburbs to adopt a child, which gave birth to sister an HIV-positive spouse.
The situation with HIV in Russia
May 20, Rospotrebnadzor reported that at the end of 2018 in Russia is registered more than 1 million people with HIV. Thus, according to the Ministry of health, the number of people with HIV is around 896 thousand.
In 2018, according to Rospotrebnadzor, from the virus died 36.8 thousand Russians. Just, since 1987, when Russia was the first identified case of HIV, the consequences of the virus, according to the Agency, died 318 thousand people.
The highest death rate from human immunodeficiency virus in 2018 was in Kemerovo, Irkutsk and Sverdlovsk regions, RBC reported on the basis of information received from the territorial statistical bodies.
The main cause of death in HIV-infected, according to the CPS, it becomes tuberculosis.
In February, the Department reported that in 2018 the prevalence of HIV declined for the first time in six years and amounted to 86.5 thousand people. However, said the head of the Department for the prevention and control of AIDS Central research Institute of epidemiology, Vadim Pokrovsky, this decrease could be a statistical error.
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In the fall of 2018 European centre for disease prevention and control of diseases and the European office of the world health organization has called Russia a leader in the spread of HIV in Europe.