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Is it illegal not to tell one party who has been diagnosed with HIV during a marriage check-up？
Time:2025-08-28 Views:708
There was once a case: the woman was found to be carrying AIDS virus during the premarital examination, but the premarital examination doctor only told the woman, and the woman did not tell her spouse, and sent the examination results to the CDC for confirmation. One month later, the two were married. At this time, the woman received the notification from the CDC that she was diagnosed with AIDS, and the man became infected with AIDS. Is it allowed by law that the woman does not tell the man the result of the premarital examination for her AIDS? Is it illegal to be diagnosed with HIV without telling the other person?
Marriage check-up refers to the physical examination conducted by both men and women before marriage to prevent genetic diseases, birth defects, and other reasons, in order to prevent any "regrettable" marriages. Legal infectious diseases are an essential item of premarital examination. Checking whether or not to carry AIDS virus is one of the contents of checking whether or not to suffer from infectious diseases. According to the relevant provisions of China's AIDS Prevention and Control Regulations, in order to protect the privacy of patients, doctors can only tell the results of suspected AIDS to patients themselves. This indicates that in premarital checkups, according to the above case, doctors can only tell the woman alone and cannot disclose the results to others. Whether the man can know depends on the woman's disclosure.
According to the provisions of China's Criminal Law, if a person knowingly engages in prostitution or soliciting prostitution activities and spreads infectious viruses while suffering from sexually transmitted diseases such as syphilis and gonorrhea, it constitutes the crime of spreading sexually transmitted diseases. However, one party still has a relationship with the other party after the premarital check-up by concealing the truth that he or she is suffering from AIDS, resulting in the other party being infected. Because its constituent elements do not meet, it does not constitute the crime of sexually transmitted diseases.
However, according to the AIDS Prevention and Control Regulations, AIDS infected people should inform their sexual partners of the fact that they are infected with sexually transmitted diseases, and should not deliberately infect others and spread AIDS in any way. When one party learns that he or she is suspected of suffering from AIDS virus during the premarital examination, he or she should tell the spouse who has sex with him or her about this situation, otherwise it is malicious transmission of AIDS, and he or she needs to bear civil liability for compensation; If you have not had sexual intercourse with the other party, you can selectively tell them. In addition, when one party knows that he or she has AIDS, he or she should take necessary protective measures before having sex with the other party.
It is not illegal for one party to not tell the other party after being diagnosed with HIV during a marriage check-up, but knowingly having sexual relations with the party who is unaware of their HIV status is suspected of committing a crime. It was originally done for the purpose of spending a lifetime together, but due to one test result, it ruined both of them. Therefore, it is important to maintain good hygiene and self love. Sichuan Faneng Law Firm is dedicated to serving you.