Section 12, The Prevention and Control of Hiv and Aids Act, 2007

(1) Subject to subsection (2), no person shall perform an HIV test on another person except– (a) with the consent written or otherwise, of that other person; (b) if that person is a child, with the consent, written or otherwise, of a parent or legal guardian of the child; but a child who is pregnant, married, a parent or is in a situation which puts her at risk of contracting HIV may in writing or otherwise, directly consent to an HIV test; (c) if, in the opinion of the medical practitioner who wishes to undertake the HIV test, the other person has a disability by reason of which he appears incapable of giving consent, with the consent of- (i) a legal guardian of that person; (ii) a partner of that person; (iii) an adult offspring of that person; (d) where the person is required to undergo an HIV test under this Act or any other enactment. (2) Notwithstanding subsection (1)– (a) a person who offers to donate any tissue shall be deemed to have consented to the HIV test required under section 7; (b) a person who offers to donate blood shall be deemed to have consented to the HIV test required in respect of such blood under section 8; (c) a medical practitioner responsible for the treatment of a person may undertake an HIV test on that person without the consent of that person if- (i) the person is unconscious and unable to give consent; and (ii) the medical practitioner reasonably believes that such a test is clinically necessary or desirable in the interest of that person. (3) A medical practitioner who undertakes an HIV test on a person under this section shall, if the person so requires, disclose the results of the test to that person. (4) Any person who contravenes this section commits an offence. (5) The Government shall– (a) through the educational or information campaign conducted pursuant to section 2 encourage voluntary testing by individuals; 10 11 Consent to HIV test. No. 8 Prevention and Control of HIV and AIDS Act 2007 No. 8 Prevention and Control of HIV and AIDS Act 2007 (b) provide a mechanism for anonymous HIV testing and guarantee anonymity and confidentiality in the conduct of such tests.