Physician's Guide to Medicine - Autopsies

When is a physician able to perform a postmortem examination?

It is unlawful for any physician to perform a postmortem examination upon the remains of any person unless:

(1) He or she has been directed to do so by a public officer or agency authorized by law to order an autopsy; or

(2) He or she has consent of one of the following:

(a) The deceased, if in writing, and duly signed and acknowledged prior to death;

(b) A person designated by the deceased in a durable power of attorney that expressly refers to the giving of consent to an autopsy or postmortem examination; or The surviving spouse;

(d) Any surviving child, parent, brother or sister, in the order named, if there is no surviving spouse, or if the surviving spouse is medically or mentally incapable of giving his or her consent, or if the surviving spouse is unknown or cannot be reached within the United States, or if the surviving spouse has been separated and living apart from the deceased; or

(e) Any other relative if such relatives as previously described cannot be contacted;

(f) Any person or friend who assumes such responsibility if there are no relatives to assume the right to disposition of the remains. One must be over sixteen in order to give such consent. A physician conducting an autopsy with the appropriate consent will in no way be liable for the use of his or her own judgment as to the scope and extent of the examination. Anyone violating the laws regarding the autopsies upon conviction will be guilty of a misdemeanor.