December 28, 2007

New Jersey Makes HIV Testing Mandatory for Pregnant Women

On December 26, the state of New Jersey enacted a law that will make HIV screening for all pregnant women in the state mandatory beginning in 2008, the Washington Post reports (washingtonpost.com, 12/28).

According to the Post, the bill requires that pregnant women be screened twice for HIV—at the beginning of the pregnancy and in the third trimester. If a mother tests positive, her newborn will be tested for HIV. Moms-to-be may opt out of the procedure, but then their newborns will automatically be tested. Exceptions will be granted only on religious grounds.

The state’s acting governor, Richard J. Codey, signed the bill at a hospital, saying that early detection is key to saving moms’ and newborns’ lives.  "We can significantly reduce the number of infections to newborns and help break down the stigma associated with the disease," he said.

Four other states have mandatory testing requirements for pregnant women, and three additional states, including New York, have requirements for testing newborns.

The article also quotes AIDS activists who fear the legislation’s implications for privacy rights.

"I am adamantly opposed to this bill,” said Riki E. Jacobs, executive director of New Jersey’s Hyacinth AIDS Foundation. "I definitely think it is an invasion of privacy…the fact that we assume women won't choose to test is ludicrous and wrong."

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Previous Comments:

POZ, NYC, 2009-03-09 01:11:23
I think it is a good idea to have expecting mothers tested for HIV (too bad it cannot be anonymous results). I do not agree to force people to get tested, but I do believe all women should get tested before giving birth. If they find out they are HIV positive, they can almost eliminate (less than 1% chance) the chances of baby getting HIV by following the CDC guidelines (C-section birth, 6 weeks of AZT treatment for baby and mother) and making sure the mother doesn't breast feed.

davidalan, DC, 2007-12-28 19:46:19
pregnancy can give a false positive reading on the hiv test. why don't politicians understand this fact?