A married couple, both registered as patients at a regional HIV/AIDS treatment center since 2013, were informed and warned against engaging in sexual relations with others or placing third parties at risk of HIV infection. However, beginning in February 2024, the husband entered into a relationship with a relative’s partner (X), who was pregnant at the time. When X expressed a wish to terminate the pregnancy if the child was a girl, the man encouraged her to keep the child and suggested involving their lawyer to handle the adoption paperwork. The lawyer advised the couple on the required documents and facilitated the process. On 26 February 2024, a baby girl was born, and the child was subsequently placed in the care of the defendants, where she remained up to the present day, all while the defendants knowingly carried HIV, creating a risk of transmission to the child.
The defendants both fully admitted guilt. The wife confirmed the same sequence of events and similarly acknowledged her role in the arrangement. X testified that she had been unaware of the defendants’ HIV status, that she sent the child believing the defendants to be relatives, and stated she had no claims against them. A civil court had previously annulled the couple’s adoption application on 4 June 2024.
The court found the defendants’ actions fully proven through their confessions, the victim’s testimony, explanatory letters from the regional HIV center, and other case materials. Their conduct was qualified under Article 113, Part 4 and Article 228, Part 3 of the Criminal Code of the Republic of Uzbekistan. Both defendants were convicted and sentenced to 4 years and 6 months of restricted liberty (house arrest between 22:00–06:00), to be served at their registered address in Yangiqo’rg’on district, with additional restrictions prohibiting change of residence without police permission and travel outside Namangan region. Previously imposed precautionary measures were revoked upon the verdict entering into force.
