autopsy rights

Autopsy rights generally refer to the authority of the deceased (through prior directives) and their next of kin to determine whether, and to what extent, an autopsy may be performed. In most cases, either the deceased (through an advance directive or will), or the next of kin may consent to or decline an autopsy. However, exceptions apply, particularly when the circumstances surrounding the death raise legal, medical, or public safety concerns.

Consent and Authorization

If an autopsy is performed without proper authorization or statutory authority, surviving family members may have grounds for a civil action against those responsible. Potential claims may include tortious interference with the body, or violations of statutory rights depending on state law. See e.g.: Kelly v. Brigham & Women's Hospital (2001) and NY Pub Health L §§4209-4222.

When a decedent or their next of kin request an autopsy, they are generally entitled to do so. Disputes may arise, however, if there is disagreement among family members or between family wishes and the known wishes of the deceased. State laws vary regarding whose preferences take precedence, but typically the hierarchy is:

  • The documented wishes of the deceased,
  • The surviving spouse, and
  • Other next of kin, in order of legal priority.

Some jurisdictions follow a "quasi-property" theory, in which the deceased no longer retains rights in their body after death, and control instead vests solely in the surviving relatives. In such states, the wishes of the spouse or family members may override the deceased’s preferences.

Mandatory or Government-Ordered Autopsies

In certain circumstances, government authorities (such as a medical examiner, coroner, or prosecutor) may lawfully order an autopsy even over the objections of the deceased’s family. This is commonly permitted when:

  • The death is sudden, unexplained, or suspicious;
  • There is potential criminal liability (e.g., suspected homicide or medical malpractice);
  • The autopsy serves a compelling public health or regulatory interest;
  • An insurance company seeks clarification on the cause of death in relation to the terms of a policy.

States typically define by statute the conditions under which the public interest outweighs familial or religious objections. 

Religious and Timeliness-Based Objections

Some jurisdictions protect religious beliefs of the deceased or next of kin by limiting autopsies when they would violate religious practices (e.g., under Jewish or Muslim burial customs). In such cases, courts may give considerable weight to these objections unless overriding state interests are present.

Legal Remedies and Liability

If an autopsy is performed unlawfully, the next of kin may bring legal action under various tort theories, including:

Family members may also challenge untimely or improper autopsies, such as:

[Last reviewed in June of 2025 by the Wex Definitions Team]

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