Perinatal HIV Testing Laws

Based on the CDC HIV testing recommendations of 2006, CDC analyzed three components of perinatal HIV testing laws. Specifically, whether the law requires HIV testing:

Of pregnant women in their third trimester
During labor and delivery when HIV status was undocumented
Of the newborn if the mother’s HIV status remains unknown.

Salvant Valentine, S; Poulin , A. Consistency of State Statutes and Regulations With Centers for Disease Control and Prevention’s 2006 Perinatal HIV Testing Recommendationsexternal icon. Public Health Reports 2018, Vol. 133(5) 601-605.

This map depicts the status of perinatal HIV testing laws across the United States. Five states have statutes for HIV testing during pregnancy, but the statute is not specific to the third trimester, labor and delivery, or for newborns. Five states have statutes for HIV testing during labor and delivery but not specific to the third trimester or for newborns. Eight states have statutes for HIV testing during the third trimester and for newborns. Nine states have statutes for HIV testing during the third trimester but not specific for newborns. Four states have statutes for HIV testing for newborns but not specific to the third trimester. Twenty states do not have a specific statute for HIV testing during pregnancy.

The information presented here does not constitute legal advice and does not represent the legal views of the Centers for Disease Control and Prevention or the Department of Health and Human Services, nor is it a comprehensive analysis of all legal provisions relevant to HIV. This information is subject to change and does not contain measures implemented by counties, cities, or other localities. Use of any provision herein should be contemplated only in conjunction with advice from legal counsel.

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Page last reviewed: August 25, 2021

Content source: Division of HIV Prevention, National Center for HIV, Viral Hepatitis, STD, and TB Prevention, Centers for Disease Control and Prevention