NCJ Number
127564
Journal
Villanova Law Review Volume: 34 Issue: 2 Dated: (April 1989) Pages: 209-279
Date Published
1989
Length
71 pages
Annotation
Lawyers and other professionals should initiate dialogue now in order to address the many challenges the spread of AIDS poses to family relationships.
Abstract
The fear of infection and death will likely restrict society's demand for and acceptance of new definitions of family. Monogamy is preferable to provide for security, and marriage often follows because it offers status and structure. Within the marital home, the illusion of spousal unity will continue to retreat before the protective devices of torts, abuse, annulment, and divorce and, where unity is preferred, a quest to obtain insurance, pensions, government benefits, and medical assistance to preserve dignity and life. Whether in retreat from marriage due to fear of infection or security within marriage because of infection, the goal of economic security will be the same. Profound family law issues are involved in families with children. AIDS affects presumptions of a child's best interests, the primary caretaker, wishes of a child, custody and visitation, adoption, and termination of parental rights. The issue of employment discrimination is a major factor in the economic security of families. Guidelines to help professionals respond to the AIDS crisis are presented, and the importance of addressing both family and individual issues related to AIDS over the next decade is stressed. 330 footnotes