After the child was born, the man found out that his wife had any problems and complained to the premarital examination institution.

Shortly after marriage, his wife gave birth to a child, but at this time, the man found that his wife had AIDS! In a rage, he took the premarital examination agency to court, claiming the loss of bride price of 65,438+10,000 yuan and mental damage compensation of 20,000 yuan.

In the winter of 20 14, by chance, Xiao Xin (pseudonym), 24, met Xiaoying (pseudonym) of the same age, and after half a year, they had plans to get married. 2065438+At the end of July 2005, they went to Rugao Maternal and Child Health and Family Planning Service Center in Nantong for a premarital examination. All the tests showed that there was no health condition unsuitable for marriage, so I got a marriage certificate with great joy.

During the New Year's Day of 20 16, Xiao Xin gave Xiaoying bride price, jewelry, "robbing money" and "asking for money" according to rural customs, and held a grand wedding. More than two months later, Xiaoying gave birth to her daughter by caesarean section, and Xiao Xin was immersed in the joy of being a new father. However, Xiao Xin accidentally discovered Xiaoying's surgical records, which made him stunned.

It turned out that Xiaoying's preoperative and postoperative diagnosis records showed that she was infected with HIV, which is often referred to as AIDS. Under Xiao Xin's questioning, Xiaoying reluctantly revealed the secret that she had been hiding for many years: she had been informed of her illness before marriage, had been filed in the CDC, and had an induced labor operation in the second trimester. The sudden bad news gave Xiao Xin a blow. He completely lost confidence in his marriage. When her daughter was four months old, Xiao Xin chose to divorce Xiaoying by agreement.

After the failed marriage, Xiao Xin was even more desperate when she remembered that she had spent all her family savings to get married. If I had known Xiaoying's illness, he wouldn't have married her and had children. Thought of here, Xiao Xin dug up the premarital examination report, showing that HIV/2 antibody was negative. Xiao Xin believes that AIDS is a medically recognized disease and should not be married. The premarital examination agency failed to detect Xiaoying's fault as an HIV-infected person, which violated her right to know whether her spouse was healthy or not, affected her autonomy in deciding whether to get married, and caused her to spend a huge sum of money on marriage with Xiaoying.

Therefore, Xiao Xin sued Rugao Maternal and Child Health and Family Planning Service Center to Rugao People's Court, requesting that the premarital examination institution compensate its bride price loss of 654.38 million yuan and mental damage compensation of 20,000 yuan.

However, the court decided to reject the plaintiff's claim. What happened?

In this case, the woman had learned that she had AIDS before marriage, and had filed a case with the CDC, and had induced labor in the second trimester.

In this regard, China's "AIDS Prevention and Control Regulations" clearly stipulates that in order to protect HIV-infected people, the personal privacy of AIDS patients should be told by themselves to those who have sex with them, that is, she should inform her husband before marriage.

In addition, Article 3 of the Regulations on the Prevention and Control of AIDS stipulates that the legitimate rights and interests of HIV-infected persons, AIDS patients and their families, such as marriage and employment, are protected by law.

In other words, AIDS is not a disease that is prohibited by law or medically considered impossible to get married. Therefore, even in the premarital examination, it is found that one of the men and women suffers from AIDS. During the infection period, doctors generally only give medical advice that both men and women should postpone marriage.

After trial, the court held that Xiao Xin did not have sufficient evidence to prove that the premarital examination institutions were obviously at fault for HIV-infected people who did not detect Xiaoying, and there was no law clearly stipulating that AIDS was a disease that prohibited marriage. The key to deciding whether to get married is whether men and women really have feelings, not whether they have AIDS. There is no direct causal relationship between the failure of the premarital examination institution to detect the woman's HIV infection in time and the man's decision whether to marry the woman, whether to pay the bride price or not, and whether to cause corresponding losses.

In addition, according to the calculation of "38+2 weeks pregnant", Xiaoying was pregnant when they went to the defendant for premarital medical examination. In this case, it is meaningless to discuss and investigate the defendant's premarital examination behavior, whether it infringes on the plaintiff's health and whether he decides to marry his spouse. Therefore, the court rejected the man's claim for compensation. After the judgment of the first instance, neither the original defendant nor the defendant appealed within the statutory time limit, and the judgment has come into effect.

Some lawyers also believe that a woman who deliberately conceals the fact that she has AIDS before marriage should not only be condemned at the moral level, but also bear legal responsibility if it causes serious consequences.

Aids is not prohibited by law, or a disease that the doctor of medicine thinks should not be married.