HIV Legal Aid. Региональная сеть правовой помощи людям с ВИЧ


Supreme Court upheld the prohibition of adoption for people living with HIV


On 23 September, the Supreme Court of the Russian Federation refused to satisfy the suit of a Moscow resident, in which he challenged the norm of the Resolution of the Government of Russian Federation of 14 February No. 117 «On approval of the list of diseases with which a person can not adopt a child, take it under guardianship or in a foster family", which includes people with infectious diseases before cancellation of their dispensary registration.

The applicant is HIV-positive. In his suit, he pointed out that the contested provision, including the people living with HIV, is contrary to federal laws on health protection and prevention of distribution of Human Immunodeficiency Virus. In his speech, applicant’s lawyer, representative of IAHRPO "AGORA" Il'nur Sharapov, drew the court's attention to the fact that Russian law guarantees non-discrimination of HIV-positive individuals. He also stressed that the specificity of such diseases as HIV, enables a virus carrier, who observes the basic rules of safety, to take guardianship or adopt a child without endangering his or her health, and that today HIV-infected people can get the treatment, which allows them to live a long life.
Representatives of the Ministry of Health, in their turn, stated that the abolition of the contested provision would be contrary to the Family Code, which obliges parents to care for their children. Specialist of the Ministry Irina Vlasova explained to court that "HIV carriers die not because of AIDS, as it is commonly believed, but because of other viral diseases developing against this background." She also pointed out that no one can predict how the virus will mutate, and if the parent would become ill because of it, there would be nobody to take care of the child.
Prosecutor Larisa Masalova supported the Ministry of Health representative, claiming that lifting the ban would apply not only to the applicant, who was healthy enough, but also to other infected people with the worst state of health; so she asked the court to dismiss the suit.


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