Sexual partners

Are people with HIV obliged to tell their sexual partners?

It is not an offence under UK law for a person with HIV to have sex without informing their sexual partner that they have HIV.

However, if HIV transmission does take place, not having disclosed HIV status could, in certain circumstances, mean that a prosecution for reckless HIV transmission would be possible.

To be guilty of reckless HIV transmission, the following five points all have to apply at the time of an alleged offence:

  • You knew you had HIV
  • You understood how HIV is transmitted
  • You had sex with someone who didn't know you had HIV
  • You had sex without a condom
  • You transmitted HIV to that person
This content was checked for accuracy at the time it was written. It may have been superseded by more recent developments. NAM recommends checking whether this is the most current information when making decisions that may affect your health.