The following rules apply to all petitions filed by persons with HIV:
(a) All petitions filed under the Act must include written medical documentation showing the following:
(1) That the individual described in Sec. 130.10(a) has (or had) a blood-clotting disorder, such as hemophilia;
(2) That the individual with a blood-clotting disorder and HIV was treated with antihemophilic factor at any time between July 1, 1982, to December 31, 1987; and
(3) That the individual with a blood-clotting disorder and HIV has (or had) an HIV infection under any of the criteria set out in the definition of HIV infection at Sec. 130.2(i).
(b) The individual. Petitions filed by the individual with a blood-clotting disorder and HIV need only include the documentation described in paragraph (a) of this section.
(c) The lawful spouse. Petitions filed by the lawful spouse with HIV must include the following written documentation:
(1) The documentation described in paragraph (a) of this section;
(2) Medical documentation showing that the lawful spouse with HIV has an HIV infection; and
(3) A marriage certificate or other proof of a lawful marriage, which shows that the lawful spouse with HIV and the individual with a blood-clotting disorder and HIV are married.
(d) The former lawful spouse. Petitions filed by the former lawful spouse with HIV must include the following written documentation:
(1) The documentation described in paragraph (a) of this section;
(2) Medical documentation showing that the former lawful spouse with HIV has an HIV infection;
(3) A marriage certificate or other proof of a lawful marriage, which shows that the former lawful spouse with HIV and the individual with a blood-clotting disorder and HIV were married at any time after the date of the individual's treatment with antihemophilic factor (this date of treatment must have been between July 1, 1982, to December 31, 1987);
(4) A divorce certificate or other proof of termination of the marriage between the former lawful spouse with HIV and the individual with a blood-clotting disorder and HIV; and
(5) Medical documentation which shows with reasonable certainty that the former lawful spouse with HIV contracted HIV from the person with a blood-clotting disorder and HIV.
(e) The child. Petitions filed by the child with HIV must include the following written documentation:
(1) The documentation described in paragraph (a) of this section;
(2) Medical documentation showing that the child with HIV has an HIV infection;
(3) A birth certificate or other proof, which shows that the child with HIV is the child of:
(i) The individual with a blood-clotting disorder and HIV;
(ii) The lawful spouse with HIV; or
(iii) The former lawful spouse with HIV;
(4) A marriage certificate or other proof of a lawful marriage, which shows that the lawful spouse with HIV or the former lawful spouse with HIV and the individual with a blood-clotting disorder and HIV are/were married, except where the individual with a blood-clotting disorder and HIV is the mother of the child with HIV;
(5) Medical documentation showing that the child with HIV acquired an HIV infection through perinatal transmission from a parent who is:
(i) The individual with a blood-clotting disorder and HIV;
(ii) The lawful spouse with HIV; or
(iii) The former lawful spouse with HIV; and
(6) Where the child with HIV acquired an HIV infection through perinatal transmission from the former lawful spouse with HIV, medical documentation which shows with reasonable certainty that the former lawful spouse with HIV contracted HIV from the person with the blood-clotting disorder and HIV. (Approved by the Office of Management and Budget under control number 0915-0244)