«I’m not a robber and not a maniac.» When people with HIV will be allowed to adopt children

© RIA Novosti / Sergey Venyavsky errors can be attributed to the fact that treatment for HIV is very expensive«I’m not a robber and not a maniac.» When people with HIV will be allowed to adopt children© RIA Novosti / Sergey Venyavsky

Ministry of education proposed to allow HIV-positive Russians to adopt children. To date, judicial practice is that citizens with similar disease in adoption refuse categorically, with a few exceptions. The bill, which the Department has tabled, would allow courts individually and balanced approach to each situation. In particular, it is proposed to allow the adoption of those already living with the child — it is next of kin. But to adopt a child, for example, from the orphanage people with HIV still do not give.

Meanwhile, the public organizations themselves infected agree that the current Family code is, in principle, to erase the ban and to fully legalize the adoption of children of HIV-positive citizens.

Grandma next to grandson

The discussion surrounding the amendments to the Family code did not arise suddenly. In June of this year the constitutional court (CC) invalidated the ban on the adoption of a child a woman with HIV infection and hepatitis C. From the court records it is known that the couple Rima and Constantine (names changed) from Moscow raised three sons. In 2012, Rimma was infected with HIV and hepatitis in the hospital — to get pregnant and alone she could not. As a result, the boy was conceived through artificial insemination. The biological father is Constantine, but took the child to his sister (she immediately refused the rights).

The child lived in the family of the spouses. However, when Rima asked the child to adopt him, she refused. The cause of infectious diseases. The court of first instance was not satisfied that Rima faithfully passed on treatment for HIV and hepatitis. So the family eventually came to KS: there agreed that the rights of the mother and child.

A similar story has occurred and in Krasnoyarsk. In October 2017 in the Petrov family (name changed) was a tragedy: my mother died, bringing up a nine year old boy. Custody of the child decided to take my own grandmother, who from his first days, was also there and helped in education. The head of the district administration had no objection to this, but six months later changed his position because of a potential miss Lucy’s was diagnosed with HIV infection.

The case involved a lawyer Vladimir Vasin. He told RIA Novosti that the administration did not take into account anything except the diagnosis of or positive characteristics with jobs or good living conditions for life and development of the child, nor the opinion of the boy. Not taken into account, according to him, the fact that the grandmother watches over the health and it consists in the dispensary, where he received the necessary treatment. No attention was another important moment: on the background of therapy positive dynamics, remission in the disease. For health reasons a woman is not dangerous to others. The guardianship, the lawyer said, was also not against adoption.

«First, HIV is not something terrible that can not live a full life. Second, in Russian judicial practice there have been several cases where the denial of the adoption could be challenged. And thirdly, when I started this particular case, I learned that in the suburbs a similar case was addressed in the constitutional court. So we asked our local court to wait, and well, that was met with understanding: in the end, the decision of the constitutional court helped us. Custody was allowed,» — says Vasin.

He said that its original decision, the administration dramatically changed due to anonymous letters sent to the guardianship: «it is possible that someone was personally negative, so wanted to commit evil. However, the good woman — child was trained from birth. In fact, it was a formality. Now the grandson is happy, grandma too.»

In the Wake of the decisions of the COP and the Oktyabrsky district court of Krasnoyarsk, the Ministry of education of Russia published for public comment amendments to Family code that allow people with HIV and hepatitis C to be foster parents, provided that this child is a relative, not from the orphanage. According to the initiators, a complete ban on adoption of children violates human rights. The text of the document was available for comment until September 23 at the Federal portal of projects of normative legal acts.

Jump on the spot

Public men who are HIV-infected, in turn, argue that the impending amendments, though, and show an increase of legal literacy in the state, the situation will not change. Encourage and allow people with HIV to take custody not only related children, but also those they did not know before and not seen (from baby homes, orphanage and so on).

«The COP acknowledged the specific case, but the society expected a more universal solution: for example, the Ministry of health has offered in principle to strike out HIV infection as an obstacle to adoption. The human immunodeficiency virus is not considered dangerous, transmission occurs not through the air or in common carriers and in private — just sexually. Even through the cut finger in the kitchen will not become infected,» says Executive Director of the Foundation «AIDS-the Center» Sergey Abdurahmanov.

Even Alexander was trained in the school of adoptive parents, started to shape the conditions for future child — I saved money, arranged the house, passed the examination… Then found out that she was HIV-positive. Got it from a partner with whom we were planning to start a family. The man also did not know he was positive.

«The five months I lived with this information, which of course ruined all my plans. At school for foster parents of HIV stood at the same level with TB, mental disorders, hepatitis. I understand that now the road to adoption for me is closed» — sorry Alexander.

She believes that «HIV is not worthy to be on this list»: «I’m not an antisocial person, well earned. Educated, have a lot to offer to a child. And I’m sad that now I’m thrown out of society, although I’m not a thief, not a robber, not a maniac. But I don’t trust the child. But from the point of view of medicine nail fungus much worse than those three scary letters — HIV.»

According to her, the first thing she thought when she found out about his status: «How do I do that?» «Imagination painted the drug houses, the horrors, the filth, to which I have never any relation had. Began to walk to the centre and meet other people living with HIV, and realized that there are normal people. It was comforting,» says the interviewee.

Alexander is actively looking for the positive side for adoption in their status. «I need to watch your health, take the survey. I became responsible, more serious about his life that can not be ignored. Structuring of life due to therapy — plus in the upbringing of the child,» she said.

Sasha is in no hurry to tell the world about his illness — fears of a negative reaction. However, she’s not ready to permanently abandon plans for adoption and assures that still compete.

Stereotype and HIV hand-in-hand

According to experts, Russia now has more than 1.1 million HIV-positive. In 2017, Rosstat has registered 104,4 thousands of new cases. And most of the infections occurred through sexual contact between men and women (53.5 per cent).

Executive Director of the Foundation «AIDS Center» Sergei Abdurakhmanov complained that HIV-positive person in society traditionally regarded as «negative character». It’s entrenched, he adds, because of the initial development of the epidemic the disease spread in certain groups — among drug users, sex workers, homosexuals. But the epidemic has long went beyond these groups.

«Knowing about the infection, people mistakenly turn a blind eye to the biography, the personal qualities and the fact that the virus survives for any person. The virus anyway. And in a society of people living with HIV believe those to whom the trust level is below a priori. Here is no question about medicine or scientific justification. Only stigma, stereotype, subjective attitude,» he said.

Abdurakhmanov draws attention to the fact that a large percentage of girls gets HIV from his first partner or husband, and therefore, we cannot talk about a extended lifestyle. «HIV status does not make one any better or worse, it belongs not to the category of morality, but only to the category of health», — the expert concludes.

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