LEgally speaking

[seaboy4hire]

Many of us know that from a legal stand point if one is hiv positive they must disclose their status. But what if ine is undetectable? My understanding is that statistics wise it's 1% or maybe less of transmission. So legally does one who is undetectable have to disclose? For the record, till theres a cure I will always disclose.

 

Hugs,

Greg

[jackjackjack]

Here is part of a question and answer on the Lambda website. On the ACLU website, they list each state and the requirements.

 

Q: If I have an undetectable viral load or use a condom, do I still need to disclose my status to sexual partners?

 

A: In most states with an HIV-specific criminal law, your viral load is not a factor in whether you must disclose your HIV-positive status; a few states, however, do take condom use into account. Also, at least one state (Iowa) now explicitly considers whether a person is taking steps, such as being on medication and using a condom, to prevent or greatly reduce the chances of transmission. In this situation, it is not viral load itself but the effort to reduce the likelihood of transmission that affects whether conviction will occur.

 

Lambda Legal is working to reform the HIV criminalization laws and halt HIV-based prosecutions in the states where they are still occurring. In the meantime, disclosure to a partner—regardless of viral load—may make prosecution less likely.

[sincitymix]

Many of us know that from a legal stand point if one is hiv positive they must disclose their status. But what if ine is undetectable? My understanding is that statistics wise it's 1% or maybe less of transmission. So legally does one who is undetectable have to disclose? For the record, till theres a cure I will always disclose.

 

Hugs,

Greg

I think it depends on your state law, or the law of the state you are in at the time. some states are liberal, others are Orwellian draconian.

[craigville beach]

Massachusetts considers me to be disabled as I have several health conditions which cannot be cured or resolved within 1 year. I don't consider myself to be disabled and anyone who meets would not be able to tell that I am. But, if I fill out any forms or disclosures, I respond to the question asking if I am disabled. Even if you viral load is undetectable and risk of transmission small, you are still HIV positive and you should disclose it, for your protection as well. I'm glad to read that you are disclosing it. It is the correct thing to do.