On October 29, 2019 the District Administrative Court of Kyiv canceled paragraph 3 of the Order No. 479 of the Ministry of Health, according to which people with a positive HIV status were prohibited from adopting children.
The court decision was obtained as a result of the trial of Albina Kotovich. Albina has HIV status and has been helping people with the same diagnosis for over 20 years. A few years ago, anHIV infected womanwith a child in a terminal stage of cancer contactedthe Albina’s organization. She asked not to leave the child in distress after her death.
When the woman died, Albina Kotovich applied for the adoption of the 12-year-old boy, but was refused because ofAlbina’s status. "Having a virus does not mean that a person is incapable of taking care of himself or his children," - Albina said.
Background: In 2008, the Ministry of Health approved a list of diseases that do not allow Ukrainians to adopt a child, including HIV. Because of the infection, many Ukrainians have had problems with their adoption or guardianship. In addition, according to official data in Ukraine, about one thousand children have HIV-positive status. Allowing HIV-infected to adopt children will also help children with the same infections be more likely to find a family. Meanwhile, experts say that modern antiretroviral therapy for the year reduces the level of the virus to such a mark that it is not detected in the blood, and therefore, the HIV-infected can not transmit the disease in any way.