HSV 1 Conundrum

When most people get diagnosed with HSV1, it's assumed that the virus is in the mouth. "Cold sores" are not required to be disclosed.

Here's the problem..

Most people who carry herpes don't have any symptoms. So you could be diagnosed with HSV1 and not know if it's oral or genital, and then go around thinking you don't have to disclose because you carry the "cold sores" virus, even if you do actually have it genitally.

I don't know what is the transmission rate of genital to genital HSV1, but once it's in your genitals, you officially have the STD known as "herpes" and not "cold sores".

Is this fucked or am I missing something?

Also, the reverse could be true for HSV2. Let's say you don't have symptoms, but your blood tests come back saying you have HSV2. Where is it? I know it's very rare that it could be Oral, but if you have

oral HSV2, then you have "cold sores" not "herpes" and don't need to disclose.

@hippyherpy - You are correct that a positive HSV1 test in the absence of symptoms does not tell a person whether it's oral or genital, but either way it can be passed to a partner's genitals, just through different delivery methods (oral sex, intercourse).

Also, not everyone with an oral infection gets cold sores but there is still asymptomatic shedding.