Understanding Your Rights in the Autopsy Process
When a loved one dies, families often face important decisions about whether an autopsy will be performed. Understanding your legal rights is crucial to navigating this process effectively. While autopsy laws vary by state, families generally have significant rights regarding the examination of their loved one’s body — as well as important limitations they should understand.
This guide outlines the key legal rights families have regarding autopsies in the United States.
The Right to Request an Autopsy
In every state, the next of kin has the right to request that an autopsy be performed on their deceased family member. This right exists whether or not the death falls under the jurisdiction of the medical examiner or coroner.
When the Death Is Under Government Jurisdiction
If the medical examiner or coroner has taken jurisdiction over the death, they will decide whether to perform an autopsy. The family can express their desire for an autopsy, but the final decision rests with the medicolegal authority. However:
- Families can ask the ME or coroner to perform an autopsy even if one was not initially planned
- If the government declines to perform an autopsy, the family has the right to arrange a private one
- Families can request specific tests or examinations as part of the government autopsy, though the ME is not obligated to comply
When the Death Is Not Under Government Jurisdiction
If the death does not fall under ME or coroner jurisdiction (for example, an expected death from a diagnosed terminal illness in a patient under regular medical care), the family has the right to arrange a private autopsy through any qualified provider they choose.
The Right to Refuse an Autopsy
The right to refuse an autopsy exists but is limited:
Deaths Under Government Jurisdiction
When a death falls under the jurisdiction of the medical examiner or coroner, the family generally cannot refuse the autopsy. The government’s interest in investigating the death — for public health, criminal justice, or safety reasons — supersedes the family’s wishes. Specific circumstances where refusal is typically not permitted include:
- Suspected homicide or foul play
- Deaths in law enforcement custody
- Unattended deaths
- Deaths that may involve criminal activity
- Deaths with public health implications
Religious and Cultural Objections
Some states provide limited exceptions to mandatory autopsies based on religious objections. For example, New York, New Jersey, and several other states have laws that require the medical examiner to consider religious objections and, in some cases, limit or modify the autopsy procedure to accommodate religious beliefs. However, these exceptions are typically narrow and may be overridden when the autopsy is essential to a criminal investigation.
Deaths Not Under Government Jurisdiction
When the death does not fall under government jurisdiction, the family has complete control over whether an autopsy is performed. No one can compel a private autopsy without the consent of the authorized next of kin.
The Right to Access Autopsy Results
Families have the right to receive the results of an autopsy performed on their loved one, regardless of who ordered or performed the examination:
Government Autopsy Reports
- The next of kin is generally entitled to receive a copy of the autopsy report
- Some jurisdictions charge a fee for copies (typically $10–$50)
- In active criminal investigations, the release of the report may be delayed until the investigation is complete or charges are filed
- Families can typically obtain autopsy reports by contacting the ME or coroner’s office directly
- Some jurisdictions make autopsy reports available through public records requests
Private Autopsy Reports
- The family who authorized and paid for the autopsy is entitled to the full report and all supporting documentation
- Reports are typically provided directly to the family and/or their attorney
- The family controls who else receives copies of the report
The Right to a Second Opinion
Families have the right to seek a second opinion on autopsy findings:
- After a government autopsy, the family can arrange for a private pathologist to review the report, slides, photographs, and other materials
- The family can arrange for a second autopsy if they are unsatisfied with the first
- Families can request that all tissue samples, slides, and specimens be preserved for potential independent review
- The right to a second opinion is particularly important when the family is considering legal action
The Right to Choose a Pathologist
For private autopsies, families have the right to choose their own forensic pathologist. This includes:
- Selecting a pathologist based on qualifications, experience, and reputation
- Choosing a pathologist who has experience with the specific type of death being investigated
- Selecting a pathologist from any state (though the autopsy must comply with the laws of the state where it is performed)
- Choosing a pathologist who can accommodate religious or cultural requirements
The Right to Preserve the Body
Families have important rights regarding the preservation of the body:
- Delaying embalming: The family can direct the funeral home to refrigerate rather than embalm the body if an autopsy is being considered
- Delaying cremation: No family member should feel pressured to authorize cremation before their questions about the death are resolved. Once a body is cremated, any future autopsy is impossible
- Body release: After a government autopsy, the family is entitled to have the body released to them or their designated funeral home for burial or cremation
- Organ and tissue retention: The family should be informed if organs or tissues are retained during the autopsy and can discuss options for their return or disposal
The Right to Information During the Process
Families have the right to be informed about what is happening during the autopsy process:
- The scope and nature of the examination being performed
- The expected timeline for results
- Whether any organs or tissues will be retained
- How to obtain the final report
- Who to contact with questions
While some ME offices are better than others at communicating with families, the family has the right to receive answers to reasonable questions about the process.
Rights in Legal Proceedings
When a death leads to legal proceedings, families have additional rights:
- Criminal cases: If the death is being investigated as a crime, the family can typically obtain the autopsy report once the investigation reaches a certain stage (often after charges are filed or the investigation is closed)
- Civil cases: In wrongful death lawsuits, autopsy reports and materials are discoverable and must be produced to both parties
- Expert witness: The family has the right to retain their own forensic pathologist as an expert witness, even when the government has already conducted an autopsy
- Challenging findings: Families can challenge autopsy findings in court by presenting testimony from independent experts
State-by-State Variations
Autopsy laws vary significantly from state to state. Key areas of variation include:
- Which deaths fall under mandatory autopsy jurisdiction
- Whether religious objections are recognized
- The hierarchy of next-of-kin authorization
- Whether autopsy reports are public records
- Fees for copies of autopsy reports
- Regulations governing private autopsy providers
- Requirements for organ and tissue retention disclosure
Families should consult with local legal counsel or their state’s ME or coroner office for specific information about the laws in their jurisdiction.
Protecting Your Rights
To protect your rights during the autopsy process:
- Ask questions: Do not hesitate to ask the ME, coroner, or private pathologist about the process, your rights, and what to expect
- Document everything: Keep records of all communications with government offices, pathologists, funeral homes, and attorneys
- Consult an attorney: If you have concerns about the autopsy findings or the process, consult with an attorney experienced in wrongful death or forensic matters
- Do not rush decisions: Take the time you need to make informed decisions about whether to request an autopsy, seek a second opinion, or pursue legal action
- Preserve the body: If you are considering an autopsy or second opinion, do not authorize embalming or cremation until your decision is made