It is illegal. AIDS, gonorrhea, syphilis and other infectious diseases that are medically considered to affect marriage and childbirth are defined as designated infectious diseases, and designated infectious diseases are subject to pre marital medical examination according to Article 9 of the Maternal and Infant Health Care Law. Doctors should give medical advice to those who suffer from designated infectious diseases during the period of infection or related mental diseases during the period of onset; Both the man and the woman who are going to marry shall postpone their marriage. Article 10 After premarital medical examination, doctors should explain the situation to both men and women and put forward medical opinions for those diagnosed with serious genetic diseases that are medically considered unfit for childbearing; With the consent of both men and women, if they do not bear children after taking long-term contraceptive measures or performing ligation operations, they may marry. However, marriage is prohibited according to the Marriage Law of the People's Republic of China.
From here, we can also see that if mother to child transmission is an important means of transmission of AIDS, if semen washing or some other methods are not used, and if the baby is conceived naturally, then the baby will basically become a congenital AIDS carrier or infected person. If long-term contraception or no birth is chosen, it is a denial of the reproductive rights of healthy partners, If the health partner has informed consent at this time, then naturally there is no problem, but if he or she does not have informed consent, he or she can apply the provisions of the Marriage Law that "he or she suffers from a disease that is medically considered not to be married before marriage and has not been cured after marriage;" and requires that the marriage be declared invalid.
Whether the marriage is invalid or divorced, it is actually an extremely serious injury to the partner, not only a possible health problem, but also a mental problem, which is actually a naked deception. In fact, this is not only a legal issue, but also a moral issue, which affects the living environment of infected people.
