If there is a chance your child has been exposed to HIV, you need to think about having them tested. There are cases where children have been born with HIV, but do not show any signs or symptoms until they are in their teens. Not testing them might mean they suddenly fall seriously ill.
In 2008, a child of 10 died in intensive care because they had not been tested for HIV, even though both their parents were living with HIV. Health professionals want to ensure this can never happen again. All children with a parent or parents living with HIV should be considered for HIV testing.
You may have been asked by someone to ‘provide evidence’ your child has been tested for HIV and has received a negative result. This is because current guidance states that unless there is documented evidence of a negative HIV test, any child born to a mother who lives with HIV must be tested to rule out the possibility. This is to ensure all possible risks are minimised and documented.
Consent to testing
The UK law says a child must consent to testing or treatment if that child is seen to be ‘competent’. This means the child is deemed able to understand the information they are being told, and can make a decision about it.
There is no specific age guideline given for this and it will depend on each individual child. As a guide, it is likely to be around 11 years-old or above. This law on consent for children is known as the Fraser Guidelines (or the Gillick Competency), which you can read more about on the NSPCC website.
If a child is felt not to be competent to agree to being tested for HIV, the health team will need a parent or carer’s permission to test the child. By law, healthcare professionals only need one person with parental responsibility to give consent for them to test. If the child is being looked after by a local authority, they will need to provide consent.
Important: The health team can seek permission to test your child for HIV if they are worried your child could be living with HIV and you refuse to have them tested. It is possible for a local authority to go to court and ask the court to make an order to have the test done. The court can override parents’ wishes, but only if this is in the best interests of the child. This action would only be taken as a last resort, if the doctors had worked with you for a long time to encourage you to have your child tested and you still refused.
Find out more about consent for young people by reading the Department of Health reference guide to consent for examination or treatment.
See the links below for advice on what to tell children and about any worries you may have.
