PAST ARTICLES AND EDITORIAL BOARDS Volume V, No. 1 - 1996
ELIMINATING PARENTAL CONSENT AND
NOTIFICATION FOR ADOLESCENT HIV TESTING:
A LEGITIMATE STATUTORY
RESPONSE TO THE AIDS EPIDEMIC
Note
Janine P. Felsman
5 J.L. & Pol'y 339 (1996)
Authorization of confidential HIV testing and counseling for adolescents is a good policy. Such policy will increase the likelihood that adolescents will avoid behaviors which threaten others with transmission. Additionally, confidential testing and counseling can facilitate early treatment of HIV- positive adolescents. Throughout this note, the reader is faced with the reality that thousands of teenagers are already infected with the HIV virus and that thousands more will contract HIV at an increasing rate. Moreover, the author points out that the teenage population represents one of the fastest rising groups contracting HIV in the United States.

This Note argues that HIV transmission among teenagers will decrease when states make confidential HIV testing and counseling freely accessible. Parental consent and notification requirements tend to negatively impact an adolescent's decision to learn of his/her HIV status. Minors have constitutional rights to independently consent to such testing.

This Note proposes a model HIV testing statute, merging confidential testing with counseling procedures. It concludes that confidential testing and counseling for adolescents is a legitimate state objective and the states' interest in promoting HIV awareness and reducing HIV transmission outweighs the parental right of autonomy.