Thailand: Woman seeks legal action against her husband for alleged HIV transmission


Woman files lawsuit after cheating husband infected her

February 14, 2023
Source: Thaiger

A woman sought assistance from a renowned Thai lawyer to file a lawsuit against her husband after he infected her and their baby with HIV after cheating on her. Sadly, the virus later killed their newborn baby.

The famous Thai lawyer, Kirdphon Kaewkird, revealed the woman’s story on Facebook account yesterday. He said…

“I am depressed… I received a call from a woman living in Surin (Isaan province). She said her husband had an affair with someone and got HIV. He gave it to her and her foetus. The newborn baby was sick and later died from the virus.”

The lawyer revealed that the woman had never been suspicious of her husband’s infidelity until she gave birth to her baby. The newborn baby was always sick. She did not know the reason for the sickness until the doctor confirmed that both she and her child were HIV positive, and her husband eventually admitted to cheating.

The woman, who lacked an official marriage certificate and funds, sought the help of Kirdphon to sue her husband for the harm caused, including the death of their baby. Kirdphon pledged to assist her as soon as possible despite being hospitalized with kidney failure.

The story has garnered attention on Thai social media, and a doctor weighed in, stating that…

“This is not new. I faced several similar cases since I was working as an intern doctor. The couple could take proper medication to prevent their children from contracting HIV. The medicine could provide nearly 100% protection, but most of them did not do that. They kept it a secret from each other, resulting in the worst outcome for the child. Worse, the average age of parents, who transmit HIV to their children, are teenagers between 14 to 15 years old.”

Kirdphon noted that the lack of an official marriage certificate will make it difficult to sue the man for infidelity. However, he explained that the woman could potentially accuse him of negligence under Section 297 of the Criminal Law.

The husband was aware that he had HIV but made no attempt to prevent transmission. His recklessness led to the serious results of the spread of HIV and the death of the baby.

Section 297 will result in a penalty of imprisonment ranging from six months to 10 years.