Sexually-Transmissible Disease, A45(6) Family Code

1. Concept

Sexually-transmissible disease – means “are caused by sexually transmitted infections (STIs). They are spread mainly by sexual contact. STIs are caused by bacteria, viruses or parasites.” (Mayo Clinic, Sexually transmissible disease (STDs), https://www.mayoclinic.org/diseases-conditions/sexually-transmitted-diseases-stds/symptoms-causes/syc-20351240 [Accessed: 12 April 2025])

2. Sexually-transmissible disease

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

x x x

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

1) A marriage may be nullified if, at the time it was entered into, one of the spouses was already suffering from a sexually transmitted disease that is considered severe and shows no signs of being curable. This condition must have existed before the wedding and must be of such a serious nature that it affects the health and integrity of the marital relationship. The law views this hidden and incurable illness as a valid ground for annulment because it compromises the foundation of mutual trust and the physical union expected in marriage. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 19 April 2025])