Adoption is when a couple or a single person agrees to permanently take care of a child who is not their own. The law then treats the child as the child of the new parent or parents. The adoptive parents (the new parents) become the child’s legal guardians.

(See: Adoption of Children)

Testing for HIV Before Adoption

There is no legal requirement for prospective parents to be tested for HIV, however some adoption agencies will not consider parents that are HIV positive and may demand that the applicants, child and birth mother be tested before they will proceed with an adoption.

It is important to remember however, that HIV testing is not something that the law demands when it comes to adoption. The Children’s Act does not say whether or not HIV testing should take place before an adoption. This means that different welfare organisations may have different HIV testing policies. It is worth noting that the practice of compulsory HIV testing of parents and children before an adoption violates the right to privacy.

(See: Adoption of Children)

(See: Problem 3: Adopting a Child)