The Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immune Deficiency Syndrome (AIDS), can be transferred from an HIV-positive mother to her child through the mother's antibodies. A newborn's blood will not reveal HIV because the virus has not yet had a chance to develop in the baby. Testing a newborn's antibodies after birth will, however, reveal whether the newborn has been exposed to HIV. Because a newborn receives its antibodies solely from his or her mother, testing of the child's antibodies also necessarily reveals information about the mother's health.

Research has shown that administration of antiretroviral chemoprophylaxis (AZT) to mothers during pregnancy and delivery, and to newborns after delivery, dramatically reduces the risk of the newborn developing HIV. In addition, the avoidance of breastfeeding by HIV-positive mothers reduces the risk to the baby.

New York and Connecticut require that all newborn babies be tested for HIV if the mother's HIV status is unknown and the mother refuses testing. Under both the New York and Connecticut laws, healthcare providers are required to test a woman for HIV upon her admittance to the hospital for delivery unless the mother specifically objects to the test. If the mother refuses the test, the laws require that the newborn be tested after delivery.

The United States Supreme Court has not determined whether such mandatory testing schemes are constitutional. Opponents of the laws argue that mandatory testing violates the mother's right to privacy and that mandatory testing might persuade women who believe they might be HIV-positive to deliver their babies at home, without medical care. Supporters argue that saving newborns from the deadly disease outweighs any potential harm to the mother. They point out that mothers will be benefited by knowing their HIV status, and that they will be benefited by not having to raise an ill child.

The United States Centers for Disease Control and Prevention recommends that HIV testing of pregnant women and infants be voluntary, that providers obtain informed consent for testing as required by their state laws, and that state or local laws and regulations governing HIV testing be followed. The majority of states follow this recommendation.

In eleven states, providers are required to offer pregnant women HIV tests. Four states, Arkansas, Michigan, Tennessee, and Texas, require providers to test pregnant women, unless they refuse. Only New York and Connecticut provide for mandatory testing of newborns.

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