Autopsy Laws by State 2023

Alabama

An autopsy or postmortem examination may be performed by a county medical examiner, or his or her designated pathologist, when he or she suspects the death was caused by a criminal act or omission, or the cause of death is obscure or in his or her opinion, an autopsy is advisable and in the public interest.

Alaska

Alaska State law requires the State Medical Examiner to investigate the circumstances and determine the cause and manner of death in all deaths that are: sudden when a person is in apparent good health and not under the care of a physician, suspicious, unusual, or unexplained.

Arizona

Autopsies are required or discretionary when the death

• results from violence
• occurs suddenly when in apparent good health
• occurs in a prison
• occurs in a suspicious, unusual, or unnatural manner
• results from disease or an accident believed to be related to the deceased’s occupation or employment
• is believed to present a public health hazard
• occurs during, in association with, or as a result of anesthetic or surgical procedures

Arkansas

The forensic pathologist shall perform a forensic autopsy when the death is known or suspected to have been caused by apparent criminal violence. This standard is worded so as to include any instances where a homicide has taken place or is suspected.

California

California Law requires the coroner to inquire into and determine the circumstances, manner, and cause of sudden deaths where the attending physician is unable to determine the cause of death or the death is the result of homicide, suicide, accidental or undetermined means.

Colorado

Autopsies are required for all unexplained deaths (deaths that occur in a healthy individual.), deaths that occur within 24 hours of admission to a hospital or nursing care facility, and deaths in the custody of law enforcement.

Connecticut

Autopsies are performed on all homicide victims and gunshot victims. In addition, the vast majority of pedestrians, Sudden Infant Death Syndrome, overdoses, industrial accidents, sudden and otherwise unexplained deaths under the age of 45, and a variety of other types of cases are subject to autopsy examination.

Delaware

Autopsies are required or discretionary in the following scenarios: When any person dies in Delaware as a result of violence, by suicide, by casualty if such occurred not longer than 1 year and 1 day prior to death, while under anesthesia, by abortion or suspected abortion, or by poison or suspicion of poison.

Also, by overdose death as defined at § 4799A of Title 16, suddenly when in apparent health when unattended by a physician, in any prison or penal institution, when in police custody, or from a disease resulting from employment (including disease related to injury), from an undiagnosed cause which may be related to a disease constituting a threat to public health, in any suspicious or unusual manner, or if there is any unclaimed body or if anybody is to be cremated.

Florida

A complete autopsy is most often performed in traumatic or violent deaths (gunshot, stab, electrocution, burn, poison, fall, drowning, starvation, suffocation, strangulation, etc.), any police custody death, suspected suicide or drug overdose, and in most cases of child death. Investigation or autopsy is also necessary for all traumatic deaths regardless of the duration of survival or hospitalization of the injured person if no complete recovery was made after the injury.

Georgia

In any suspicious or unusual manner, with particular attention to those persons 16 years of age and under; and after birth but before seven years of age if the death is unexpected or unexplained.

Hawaii

Autopsies are required or discretionary as soon as any coroner or deputy coroner has notice of the death of any person within the coroner’s or deputy coroner’s jurisdiction as the result of violence, as the result of any accident, by suicide, or suddenly when in apparent health, when unattended by a physician, in prison, in a suspicious or unusual manner, or within twenty-four hours after admission to a hospital or institution. In these circumstances, the coroner or deputy coroner shall forthwith inquire into and make a complete investigation of the cause of the death.

Idaho

The coroner or the prosecuting attorney may order an autopsy performed if it is deemed necessary accurately and scientifically to determine the cause of death.

Illinois

Autopsies are required when there is evidence or reasonable suspicion of foul play. They are required for infants and children.

Indiana

If no determination of death can be reasonably made, the coroner may request an autopsy be performed to determine the cause of death.

Iowa

Any death that is violent, suspicious, or sudden and unexpected must be investigated by an appointed medical examiner. This includes any death that is not attended to by a physician.

Kansas

An autopsy will only be performed when there is a need to establish the cause of death or in cases where criminal/civil proceedings may follow. The Medical Examiner will not perform an autopsy if the cause of death can be determined from outside medical informants, review of records or other qualified means.

Kentucky

All deaths that are sudden or unexpected or occur from other than natural causes must be reported to the County Coroner, who then may authorize a postmortem examination by the Kentucky Medical Examiner's Office.

Louisiana

The coroner shall perform or cause to be performed by a competent physician an autopsy in the case of any death where there is a reasonable probability that the violation of a criminal statute has contributed to the death.

Maine

If, in any medical examiner case, in the opinion of the medical examiner, the Chief Medical Examiner, the district attorney for the district in which the death has occurred or the Attorney General, it is advisable and in the public interest that an autopsy be made, the autopsy must be conducted by the Chief Medical Examiner or by a physician that the medical examiner, with the approval of the Chief Medical Examiner, may designate. The medical examiner, with the approval of the Chief Medical Examiner, may elect to perform the autopsy.

Maryland

In Maryland, an individual dying as a result of a homicide, poisoning, suicide, criminal abortion, rape, therapeutic misadventure, drowning, or dying in a suspicious or unusual manner, or a death of an apparently healthy individual or a case which is dead on arrival at the hospital shall be examined by the medical examiner.

Massachusetts

An autopsy may be required by law in deaths that may have medical and legal issues. They include deaths that are unexpected. This may include the sudden death of a healthy child or adult.

Michigan

Around the time of death, a member of the care team will ask the patient’s next of kin to sign a form giving or denying permission for an autopsy. In the case of a suspicious or sudden death, an autopsy may be required by law. There is no charge to families for an autopsy.

Minnesota

An autopsy may be required by the coroner or medical examiner, at no cost, if there is any question about the cause or manner of death. A physician may ask permission to do an autopsy to confirm or clarify a diagnosis. The family of the deceased may request an autopsy.

Mississippi

State law mandates that an autopsy must be performed on the following types of deaths: (1) children under the age of two years where death results from an unknown cause or where circumstances surrounding the death indicate a Sudden Unexplained Infant death, and (2) all persons whose deaths occur while they are confined in a prison, jail or correctional institution. Furthermore, an autopsy should be performed (but is not legally mandated) in the case of any death where the circumstances are sudden, unexpected, violent, suspicious, or unattended.

Missouri

If on view of the dead body and after personal inquiry into the cause and manner of death, the coroner determines that a further examination is necessary in the public interest, the coroner on the coroner's own authority may make or cause to be made an autopsy on the body.

Montana

The performance of autopsies is within the discretion of the coroner except that the county attorney or attorney general may require one.

Nebraska

An autopsy may be required by law in deaths that may have medical and legal issues.

Nevada

An autopsy may be required by law in deaths that may have medical and legal issues. They include deaths that are unexpected. This may include the sudden death of a healthy child or adult.

New Hampshire

If the supervising medical examiner, attorney general, or county attorney deems that an autopsy is necessary, he or she shall direct that one be made. The commissioner of the Department of Health and human services may, pursuant to RSA 126-A:5, V, request an autopsy of any individual who dies while admitted to, a resident of, or receiving care from New Hampshire hospital, Glencliff home, or any other residential facility operated by the department or a contract service provider.

New Jersey

Autopsies are required in the following circumstances: 1) apparent homicides; 2) deaths occurring under suspicious or unusual circumstances; 3) deaths from causes that might constitute a threat to public health; 4) deaths while in police custody (unless the suspected cause of death is a known condition for which the deceased was hospitalized at the time of death; 5) infants or children suspected of dying from abuse or sudden infant death syndrome; 6) when an autopsy is requested by the State Medical Examiner or a number of other qualified government officials; 7) when the deceased is an organ donor and the autopsy is necessary to preserve the organ.

New Mexico

When the state, district, or deputy medical investigator suspects a death was caused by a criminal act or omission or the cause of death is obscure, he shall order an autopsy performed by a qualified pathologist certified by the state board of medical examiners who shall record every fact found in the examination tending to show the identity and condition of the body and the time, manner and cause of death.

New York

The law requires that the Chief Medical Examiner investigate deaths of persons dying from criminal violence, by accident, by suicide, suddenly when in apparent health, when unattended by a physician, in a correctional facility, or in any suspicious or unusual manner.

North Carolina

Autopsies are required by law when sudden and unexpected death occurs in a person who is not under a doctor's care, results from a crime or fatal accident, or occurs under suspicious circumstances.

North Dakota

An autopsy is required for obvious or suspected homicidal, suicide, accidental injury, firearm injury, severe, unexplained injury, or when the deceased is an occupant or pedestrian with a motor vehicle injury.

Ohio

Autopsies are required when any person dies as a result of criminal or other violent means, by casualty, by suicide, or in any suspicious or unusual manner; when any person, including a child under two years of age, dies suddenly when in apparent good health, or when any developmentally disabled person dies regardless of the circumstances.

Oklahoma

An autopsy is not normally required when the death is known to be the result of natural causes, adequate medical history exists and there are no signs of foul play. The Medical Examiner usually investigates these deaths because the attending physician is not available to sign the death certificate. Autopsies are generally performed in only about 35-40% of the cases investigated.

Oregon

A medical examiner or district attorney may order an autopsy performed in any death requiring investigation.

Pennsylvania

It shall be the duty of the coroner or the deputy coroner of any county in this Commonwealth, in all cases where death is sudden or violent or is of a suspicious nature and character to make or cause to be made such an autopsy as the facts of the case may demand.

Rhode Island

State law gives the Office of State Medical Examiners the authority to perform an autopsy in the case of sudden, unexpected or violent death and other instances when an autopsy is a compelling public necessity.

South Carolina

The Coroner authorizes an autopsy when one is needed to establish the cause and manner of death. Usually, an autopsy is not needed when the death is clearly from natural causes.

South Dakota

If a state's attorney or a sheriff or a coroner has reason to believe that a deceased person may have died in his or her jurisdiction by unlawful means, the state's attorney, sheriff, or coroner may order and direct a physician or surgeon to perform an autopsy.

Tennessee

The law requires that the medical examiner investigate sudden, violent, and unexpected deaths, as well as suspicious, unusual, or deaths of unnatural manners.

Texas

The Medical Examiner is mandated to determine the cause and manner of death in all cases of accident, homicide, suicide, and undetermined death.

Utah

When the documentation of disease or trauma is critical to the final determination of death an autopsy is performed. An autopsy may also be necessary in the collection of evidence within the body or to document and/or retrieve anatomic or prosthetic features that will assist in the identification of an individual.

Vermont

When a person dies from violence, or suddenly when in apparent good health or when unattended by a physician or a recognized practitioner of a well-established church, or by casualty, or by suicide or as a result of injury or when in jail or prison, or any psychiatric hospital, or in any unusual, unnatural.

Virginia

Autopsies are required or discretionary under the following circumstances:

• upon the death of any person from trauma, injury, violence, poisoning, accident, suicide, or homicide, or suddenly when in apparent good health
• when unattended by a physician; or in jail, prison, other correctional institution, or in police custody;
• an individual receiving services in a state hospital or training center operated by the Department of Behavioral Health and Developmental Services
• suddenly as an apparent result of fire; or in any suspicious, unusual, or unnatural manner
• sudden death of any infant less than 18 months of age whose death is suspected to be attributable to Sudden Infant Death Syndrome (SIDS).

Washington

Washington law gives the Coroner authority to decide if an autopsy is necessary to determine the most likely cause of death. Not every death will require an autopsy, however, each case requiring coroner involvement will undergo a comprehensive investigation.

West Virginia

Autopsies are required or discretionary under the following circumstances: When any person dies in West Virginia from violence or by apparent suicide, suddenly when in apparent good health, when unattended by a physician, when an inmate of a public institution, from some disease which might constitute a threat to public health, or in any suspicious, unusual or unnatural manner.

Wisconsin

All deaths where there are unexplained, unusual, or suspicious circumstances, all homicides and suicides, all maternal deaths following an abortion, and all deaths due to poisoning, whether homicidal, suicidal, or accidental.

Wyoming

If it is necessary to obtain or preserve evidence of the cause of death, the District Attorney may order that a qualified physician perform an autopsy or postmortem examination of the body of any person who appears to have died by unlawful means, by violence, or when the cause of death is unknown.