Doe v. Roe

OPINION OF THE COURT

Kristin Booth Glen, J.

This motion brought pursuant to CPLR 3121 raises an important question not previously addressed in any written or reported decision concerning the obligation of a parent seeking to retain custody of her/his child to submit to a compul*210sory test for Acquired Immune Deficiency Syndrome (AIDS). In addition to the general questions which apply in determining CPLR 3121 motions, this application presents issues of privacy, public policy and Fourth Amendment rights. Further, the special characteristics of AIDS and AIDS testing, the potential stigmatization of…