{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-286.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-286.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-286.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-286.html"}],"law_id":75099,"edition_id":1,"section_id":75099,"structure_id":15516,"section_number":"32.1-286","catch_line":"Exhumations","history":"Code 1950, \u00a7 32-31.19; 1952, c. 318; 1960, c. 366; 1975, c. 475; 1979, c. 711; 1997, c. 59; 1999, c. 781; 2013, c. 370; 2014, c. 583; 2016, c. 356.","full_text":"A\n\nIn any case of death described in subsection A of § 32.1-283, where the body is buried without investigation by the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a medical examiner appointed pursuant to § 32.1-282 into the cause and manner of death or where sufficient cause develops for further investigation after a body is buried, the Chief Medical Examiner shall authorize such investigation and shall send a copy of the report, which shall include the name and contact information of the next of kin, as defined in § 54.1-2800, of the dead person, if known, to the appropriate attorney for the Commonwealth who shall communicate such report to a judge of the appropriate circuit court and forward a copy of such report to the clerk of such court. In cases in which the name and contact information of the next of kin is not known at the time the report is prepared, the Chief Medical Examiner shall so indicate on the report. Upon receipt of such report, the clerk of the court shall send notice of the investigation and any order of exhumation to the next of kin of the dead person when the name and contact information of the next of kin is included in the report. The judge may order that the body be exhumed and an autopsy performed thereon by the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a pathologist with whom the Commissioner has entered into an agreement pursuant to § 32.1-281. The pertinent facts disclosed by an autopsy conducted pursuant to an order entered in accordance with this subsection shall be communicated to the judge who ordered the autopsy.B\n\nUpon petition of the attorney for the Commonwealth to whom a report is submitted in accordance with subsection A and a finding that good cause exists, a judge for the appropriate circuit court may, for a period of time not to exceed ninety days, order that (i) notification of the next of kin of the dead person be withheld, (ii) the report and order for exhumation be sealed by the clerk of the circuit court, and (iii) any parties involved in the investigation or exhumation not disclose to the next of kin of the dead person or any other person that the court may deem appropriate that the investigation or exhumation has occurred. Upon the petition of the attorney for the Commonwealth and a finding that good cause exists, the court may extend any such time period for additional periods not to exceed ninety days for each extension granted.C\n\nIn any case of death in which a private person has an interest, such person may petition the judge of the circuit court exercising jurisdiction over the place of interment to have the body exhumed. Such petition shall include the name and contact information of the next of kin of the dead person or, in cases in which the name and contact information is not known, an affirmation that good faith efforts to determine the name and contact information have been made. Upon receipt of the petition, the clerk of the court shall send notice of the petition to the next of kin of the dead person when the name and contact information of the next of kin is included in the petition. Upon proper showing of sufficient cause, such judge may order the body exhumed. Such petition or exhumation or both shall not require the participation of the Chief Medical Examiner or any Assistant Chief Medical Examiner. Costs shall be paid by the party requesting the exhumation.D\n\nA party attempting to prove, in accordance with the provisions of §§ 64.2-102 and 64.2-103, that he is the issue of a dead person, may petition the judge of the circuit court exercising jurisdiction over the place of interment to have the body exhumed. The petition shall be accompanied by the petitioner’s sworn statement that sets forth facts establishing a reasonable possibility of a biological relationship between the petitioner and his alleged ancestors, and shall include the name and contact information of the next of kin of the dead person or, in cases in which the name and contact information is not known, an affirmation that good faith efforts to determine the name and contact information have been made. Upon receipt of the petition, the clerk of the court shall send notice of the petition to the next of kin of the dead person when the name and contact information of the next of kin is included in the petition. The court may order the exhumation of the dead person for the conduct of scientifically reliable genetic tests, including DNA tests, to prove a biological relationship. The costs of exhumation, testing, and reinterment shall be paid by the petitioner unless, for good cause shown, the court orders such costs paid from the estate in which the petitioner is claiming an interest. This provision is intended to provide a procedural mechanism for obtaining posthumous samples for reliable genetic testing and shall not require substantive proof of parentage to obtain the exhumation order.","order_by":null,"text":{"0":{"id":269744,"text":"In any case of death described in subsection A of § 32.1-283, where the body is buried without investigation by the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a medical examiner appointed pursuant to § 32.1-282 into the cause and manner of death or where sufficient cause develops for further investigation after a body is buried, the Chief Medical Examiner shall authorize such investigation and shall send a copy of the report, which shall include the name and contact information of the next of kin, as defined in § 54.1-2800, of the dead person, if known, to the appropriate attorney for the Commonwealth who shall communicate such report to a judge of the appropriate circuit court and forward a copy of such report to the clerk of such court. In cases in which the name and contact information of the next of kin is not known at the time the report is prepared, the Chief Medical Examiner shall so indicate on the report. Upon receipt of such report, the clerk of the court shall send notice of the investigation and any order of exhumation to the next of kin of the dead person when the name and contact information of the next of kin is included in the report. The judge may order that the body be exhumed and an autopsy performed thereon by the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a pathologist with whom the Commissioner has entered into an agreement pursuant to § 32.1-281. The pertinent facts disclosed by an autopsy conducted pursuant to an order entered in accordance with this subsection shall be communicated to the judge who ordered the autopsy.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269745,"text":"Upon petition of the attorney for the Commonwealth to whom a report is submitted in accordance with subsection A and a finding that good cause exists, a judge for the appropriate circuit court may, for a period of time not to exceed ninety days, order that (i) notification of the next of kin of the dead person be withheld, (ii) the report and order for exhumation be sealed by the clerk of the circuit court, and (iii) any parties involved in the investigation or exhumation not disclose to the next of kin of the dead person or any other person that the court may deem appropriate that the investigation or exhumation has occurred. Upon the petition of the attorney for the Commonwealth and a finding that good cause exists, the court may extend any such time period for additional periods not to exceed ninety days for each extension granted.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":269746,"text":"In any case of death in which a private person has an interest, such person may petition the judge of the circuit court exercising jurisdiction over the place of interment to have the body exhumed. Such petition shall include the name and contact information of the next of kin of the dead person or, in cases in which the name and contact information is not known, an affirmation that good faith efforts to determine the name and contact information have been made. Upon receipt of the petition, the clerk of the court shall send notice of the petition to the next of kin of the dead person when the name and contact information of the next of kin is included in the petition. Upon proper showing of sufficient cause, such judge may order the body exhumed. Such petition or exhumation or both shall not require the participation of the Chief Medical Examiner or any Assistant Chief Medical Examiner. Costs shall be paid by the party requesting the exhumation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":269747,"text":"A party attempting to prove, in accordance with the provisions of §§ 64.2-102 and 64.2-103, that he is the issue of a dead person, may petition the judge of the circuit court exercising jurisdiction over the place of interment to have the body exhumed. The petition shall be accompanied by the petitioner’s sworn statement that sets forth facts establishing a reasonable possibility of a biological relationship between the petitioner and his alleged ancestors, and shall include the name and contact information of the next of kin of the dead person or, in cases in which the name and contact information is not known, an affirmation that good faith efforts to determine the name and contact information have been made. Upon receipt of the petition, the clerk of the court shall send notice of the petition to the next of kin of the dead person when the name and contact information of the next of kin is included in the petition. The court may order the exhumation of the dead person for the conduct of scientifically reliable genetic tests, including DNA tests, to prove a biological relationship. The costs of exhumation, testing, and reinterment shall be paid by the petitioner unless, for good cause shown, the court orders such costs paid from the estate in which the petitioner is claiming an interest. This provision is intended to provide a procedural mechanism for obtaining posthumous samples for reliable genetic testing and shall not require substantive proof of parentage to obtain the exhumation order.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15516,"edition_id":1,"name":"Chief Medical Examiner and Postmortem Examinations","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13612,"metadata":{},"date_created":"2026-06-26 03:55:44","date_modified":"2026-06-26 03:55:44","permalink":{"id":204385,"object_type":"structure","relational_id":15516,"identifier":"1","token":"32.1\/8\/1","url":"\/32.1\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13612,"edition_id":1,"name":"Postmortem Examinations and Services","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":204383,"object_type":"structure","relational_id":13612,"identifier":"8","token":"32.1\/8","url":"\/32.1\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63189,"structure_id":15516,"section_number":"32.1-277","catch_line":"Office of the Chief Medical Examiner; central and district offices and facilities","url":"\/32.1-277\/","token":"32.1\/8\/1\/32.1-277","metadata":false},{"id":69133,"structure_id":15516,"section_number":"32.1-278","catch_line":"Appointment and qualifications of Chief Medical Examiner","url":"\/32.1-278\/","token":"32.1\/8\/1\/32.1-278","metadata":false},{"id":79063,"structure_id":15516,"section_number":"32.1-279","catch_line":"Duties of Chief Medical Examiner; teaching legal medicine","url":"\/32.1-279\/","token":"32.1\/8\/1\/32.1-279","metadata":false},{"id":84728,"structure_id":15516,"section_number":"32.1-280","catch_line":"Repealed","url":"\/32.1-280\/","token":"32.1\/8\/1\/32.1-280","metadata":false},{"id":67348,"structure_id":15516,"section_number":"32.1-281","catch_line":"Commissioner may obtain additional services and facilities","url":"\/32.1-281\/","token":"32.1\/8\/1\/32.1-281","metadata":false},{"id":65973,"structure_id":15516,"section_number":"32.1-282","catch_line":"Medical examiners","url":"\/32.1-282\/","token":"32.1\/8\/1\/32.1-282","metadata":false},{"id":68777,"structure_id":15516,"section_number":"32.1-282.1","catch_line":"Per diem medicolegal death investigators","url":"\/32.1-282.1\/","token":"32.1\/8\/1\/32.1-282.1","metadata":false},{"id":84193,"structure_id":15516,"section_number":"32.1-283","catch_line":"Investigation of deaths; obtaining consent to removal of organs, etc.; fees","url":"\/32.1-283\/","token":"32.1\/8\/1\/32.1-283","metadata":false},{"id":83516,"structure_id":15516,"section_number":"32.1-283.1","catch_line":"State Child Fatality Review Team; membership; access to and maintenance of records; confidentiality; etc","url":"\/32.1-283.1\/","token":"32.1\/8\/1\/32.1-283.1","metadata":false},{"id":83036,"structure_id":15516,"section_number":"32.1-283.2","catch_line":"Local and regional child fatality review teams established; membership; authority; confidentiality; immunity","url":"\/32.1-283.2\/","token":"32.1\/8\/1\/32.1-283.2","metadata":false},{"id":63867,"structure_id":15516,"section_number":"32.1-283.3","catch_line":"Family violence fatality review teams established; model protocol and data management; membership; authority; confidentiality, etc","url":"\/32.1-283.3\/","token":"32.1\/8\/1\/32.1-283.3","metadata":false},{"id":84558,"structure_id":15516,"section_number":"32.1-283.4","catch_line":"Confidentiality of certain information and records collected and maintained by the Office of the Chief Medical Examiner","url":"\/32.1-283.4\/","token":"32.1\/8\/1\/32.1-283.4","metadata":false},{"id":60499,"structure_id":15516,"section_number":"32.1-283.5","catch_line":"Adult Fatality Review Team; duties; membership; confidentiality; penalties; report; etc","url":"\/32.1-283.5\/","token":"32.1\/8\/1\/32.1-283.5","metadata":false},{"id":66954,"structure_id":15516,"section_number":"32.1-283.6","catch_line":"Local and regional adult fatality review teams established; membership; authority; confidentiality; immunity","url":"\/32.1-283.6\/","token":"32.1\/8\/1\/32.1-283.6","metadata":false},{"id":64217,"structure_id":15516,"section_number":"32.1-283.7","catch_line":"Local and regional overdose fatality review teams established; membership; authority; confidentiality; immunity","url":"\/32.1-283.7\/","token":"32.1\/8\/1\/32.1-283.7","metadata":false},{"id":74829,"structure_id":15516,"section_number":"32.1-283.8","catch_line":"Maternal Mortality Review Team; duties; membership; confidentiality; penalties; report; etc","url":"\/32.1-283.8\/","token":"32.1\/8\/1\/32.1-283.8","metadata":false},{"id":59143,"structure_id":15516,"section_number":"32.1-284","catch_line":"Repealed","url":"\/32.1-284\/","token":"32.1\/8\/1\/32.1-284","metadata":false},{"id":77911,"structure_id":15516,"section_number":"32.1-285","catch_line":"Autopsies","url":"\/32.1-285\/","token":"32.1\/8\/1\/32.1-285","metadata":false},{"id":70536,"structure_id":15516,"section_number":"32.1-285.1","catch_line":"Death of infants under eighteen months of age; autopsies required; definition of Sudden Infant Death Syndrome","url":"\/32.1-285.1\/","token":"32.1\/8\/1\/32.1-285.1","metadata":false},{"id":75099,"structure_id":15516,"section_number":"32.1-286","catch_line":"Exhumations","url":"\/32.1-286\/","token":"32.1\/8\/1\/32.1-286","metadata":false},{"id":83615,"structure_id":15516,"section_number":"32.1-287","catch_line":"Repealed","url":"\/32.1-287\/","token":"32.1\/8\/1\/32.1-287","metadata":false},{"id":67498,"structure_id":15516,"section_number":"32.1-288","catch_line":"Repealed","url":"\/32.1-288\/","token":"32.1\/8\/1\/32.1-288","metadata":false}],"previous_section":{"id":70536,"structure_id":15516,"section_number":"32.1-285.1","catch_line":"Death of infants under eighteen months of age; autopsies required; definition of Sudden Infant Death Syndrome","url":"\/32.1-285.1\/","token":"32.1\/8\/1\/32.1-285.1","metadata":false},"next_section":{"id":83615,"structure_id":15516,"section_number":"32.1-287","catch_line":"Repealed","url":"\/32.1-287\/","token":"32.1\/8\/1\/32.1-287","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-286\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 318; in 1960, chapter 366; in 1975, chapter 475; in 1979, chapter 711; in 1997, chapter 59<\/a>; in 1999, chapter 781<\/a>; in 2013, chapter 370<\/a>; in 2014, chapter 583<\/a>; in 2016, chapter 356<\/a>.<\/p>","references":false,"refers_to":[{"id":67348,"section_number":"32.1-281","catch_line":"Commissioner may obtain additional services and facilities","order_by":null,"url":"\/32.1-281\/"},{"id":65973,"section_number":"32.1-282","catch_line":"Medical examiners","order_by":null,"url":"\/32.1-282\/"},{"id":84193,"section_number":"32.1-283","catch_line":"Investigation of deaths; obtaining consent to removal of organs, etc.; fees","order_by":null,"url":"\/32.1-283\/"},{"id":76263,"section_number":"54.1-2800","catch_line":"Definitions","order_by":null,"url":"\/54.1-2800\/"},{"id":65069,"section_number":"64.2-102","catch_line":"Meaning of child and related terms","order_by":null,"url":"\/64.2-102\/"},{"id":78624,"section_number":"64.2-103","catch_line":"Evidence of paternity","order_by":null,"url":"\/64.2-103\/"}],"permalink":{"id":204463,"object_type":"law","relational_id":75099,"identifier":"32.1-286","token":"32.1\/8\/1\/32.1-286","url":"\/32.1-286\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-286\/","token":"32.1\/8\/1\/32.1-286","dublin_core":{"Title":"Exhumations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-286","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any case of death described in subsection A of § 32.1-283<\/a>, where the body is buried without investigation by the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a medical examiner appointed pursuant to § 32.1-282<\/a> into the cause and manner of death or where sufficient cause develops for further investigation after a body is buried, the Chief Medical Examiner shall authorize such investigation and shall send a copy of the report, which shall include the name and contact information of the next of kin, as defined in § 54.1-2800<\/a>, of the dead person<\/span>, if known, to the appropriate attorney for the Commonwealth who shall communicate such report to a judge<\/span> of the appropriate circuit<\/span> court<\/span> and forward a copy of such report to the clerk of such court<\/span>. In cases in which the name and contact information of the next of kin is not known at the time the report is prepared, the Chief Medical Examiner shall so indicate on the report. Upon receipt of such report, the clerk of the court<\/span> shall send notice of the investigation and any order<\/span> of exhumation to the next of kin of the dead person<\/span> when the name and contact information of the next of kin is included in the report. The judge<\/span> may order<\/span> that the body be exhumed and an autopsy performed thereon by the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a pathologist with whom the Commissioner<\/span> has entered into an agreement pursuant to § 32.1-281<\/a>. The pertinent facts<\/span> disclosed by an autopsy conducted pursuant to an order<\/span> entered in accordance with this subsection shall be communicated to the judge<\/span> who ordered the autopsy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon petition<\/span> of the attorney for the Commonwealth to whom a report is submitted in accordance with subsection A and a finding<\/span> that good cause exists, a judge<\/span> for the appropriate circuit<\/span> court<\/span> may, for a period of time not to exceed ninety days, order<\/span> that (i) notification of the next of kin of the dead person<\/span> be withheld, (ii) the report and order<\/span> for exhumation be sealed<\/span> by the clerk of the circuit<\/span> court<\/span>, and (iii) any parties involved in the investigation or exhumation not disclose to the next of kin of the dead person<\/span> or any other person<\/span> that the court<\/span> may deem appropriate that the investigation or exhumation has occurred. Upon the petition<\/span> of the attorney for the Commonwealth and a finding<\/span> that good cause exists, the court<\/span> may extend any such time period for additional periods not to exceed ninety days for each extension granted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any case of death in which a private person<\/span> has an interest, such person<\/span> may petition<\/span> the judge<\/span> of the circuit<\/span> court<\/span> exercising jurisdiction<\/span> over the place of interment to have the body exhumed. Such petition<\/span> shall include the name and contact information of the next of kin of the dead person<\/span> or, in cases in which the name and contact information is not known, an affirmation that good faith efforts to determine the name and contact information have been made. Upon receipt of the petition<\/span>, the clerk of the court<\/span> shall send notice of the petition<\/span> to the next of kin of the dead person<\/span> when the name and contact information of the next of kin is included in the petition<\/span>. Upon proper showing of sufficient cause, such judge<\/span> may order<\/span> the body exhumed. Such petition<\/span> or exhumation or both shall not require the participation of the Chief Medical Examiner or any Assistant Chief Medical Examiner. Costs shall be paid by the party<\/span> requesting the exhumation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A party<\/span> attempting to prove, in accordance with the provisions of §§ 64.2-102<\/a> and 64.2-103<\/a>, that he is the issue<\/span> of a dead person<\/span>, may petition<\/span> the judge<\/span> of the circuit<\/span> court exercising jurisdiction<\/span> over the place of interment to have the body exhumed. The petition<\/span> shall be accompanied by the petitioner’s sworn statement that sets forth facts<\/span> establishing a reasonable possibility of a biological relationship between the petitioner and his alleged ancestors, and shall include the name and contact information of the next of kin of the dead person<\/span> or, in cases in which the name and contact information is not known, an affirmation that good faith efforts to determine the name and contact information have been made. Upon receipt of the petition<\/span>, the clerk of the court shall send notice of the petition<\/span> to the next of kin of the dead person<\/span> when the name and contact information of the next of kin is included in the petition<\/span>. The court may order<\/span> the exhumation of the dead person<\/span> for the conduct of scientifically reliable genetic tests, including DNA tests, to prove a biological relationship. The costs of exhumation, testing, and reinterment shall be paid by the petitioner unless, for good cause shown, the court orders<\/span> such costs paid from the estate in which the petitioner is claiming an interest. This provision is intended to provide a procedural mechanism for obtaining posthumous samples for reliable genetic testing and shall not require substantive proof of parentage to obtain the exhumation order<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXHUMATIONS (\u00a7 32.1-286)\n\nA. In any case of death described in subsection A of § 32.1-283, where the\nbody is buried without investigation by the Chief Medical Examiner, an Assistant\nChief Medical Examiner, or a medical examiner appointed pursuant to §\n32.1-282 into the cause and manner of death or where sufficient cause develops\nfor further investigation after a body is buried, the Chief Medical Examiner\nshall authorize such investigation and shall send a copy of the report, which\nshall include the name and contact information of the next of kin, as defined in\n§ 54.1-2800, of the dead person, if known, to the appropriate attorney for\nthe Commonwealth who shall communicate such report to a judge of the appropriate\ncircuit court and forward a copy of such report to the clerk of such court. In\ncases in which the name and contact information of the next of kin is not known\nat the time the report is prepared, the Chief Medical Examiner shall so indicate\non the report. Upon receipt of such report, the clerk of the court shall send\nnotice of the investigation and any order of exhumation to the next of kin of\nthe dead person when the name and contact information of the next of kin is\nincluded in the report. The judge may order that the body be exhumed and an\nautopsy performed thereon by the Chief Medical Examiner, an Assistant Chief\nMedical Examiner, or a pathologist with whom the Commissioner has entered into\nan agreement pursuant to § 32.1-281. The pertinent facts disclosed by an\nautopsy conducted pursuant to an order entered in accordance with this\nsubsection shall be communicated to the judge who ordered the autopsy.\n\nB. Upon petition of the attorney for the Commonwealth to whom a report is\nsubmitted in accordance with subsection A and a finding that good cause exists,\na judge for the appropriate circuit court may, for a period of time not to\nexceed ninety days, order that (i) notification of the next of kin of the dead\nperson be withheld, (ii) the report and order for exhumation be sealed by the\nclerk of the circuit court, and (iii) any parties involved in the investigation\nor exhumation not disclose to the next of kin of the dead person or any other\nperson that the court may deem appropriate that the investigation or exhumation\nhas occurred. Upon the petition of the attorney for the Commonwealth and a\nfinding that good cause exists, the court may extend any such time period for\nadditional periods not to exceed ninety days for each extension granted.\n\nC. In any case of death in which a private person has an interest, such person\nmay petition the judge of the circuit court exercising jurisdiction over the\nplace of interment to have the body exhumed. Such petition shall include the\nname and contact information of the next of kin of the dead person or, in cases\nin which the name and contact information is not known, an affirmation that good\nfaith efforts to determine the name and contact information have been made. Upon\nreceipt of the petition, the clerk of the court shall send notice of the\npetition to the next of kin of the dead person when the name and contact\ninformation of the next of kin is included in the petition. Upon proper showing\nof sufficient cause, such judge may order the body exhumed. Such petition or\nexhumation or both shall not require the participation of the Chief Medical\nExaminer or any Assistant Chief Medical Examiner. Costs shall be paid by the\nparty requesting the exhumation.\n\nD. A party attempting to prove, in accordance with the provisions of\n§§ 64.2-102 and 64.2-103, that he is the issue of a dead person, may\npetition the judge of the circuit court exercising jurisdiction over the place\nof interment to have the body exhumed. The petition shall be accompanied by the\npetitioner’s sworn statement that sets forth facts establishing a\nreasonable possibility of a biological relationship between the petitioner and\nhis alleged ancestors, and shall include the name and contact information of the\nnext of kin of the dead person or, in cases in which the name and contact\ninformation is not known, an affirmation that good faith efforts to determine\nthe name and contact information have been made. Upon receipt of the petition,\nthe clerk of the court shall send notice of the petition to the next of kin of\nthe dead person when the name and contact information of the next of kin is\nincluded in the petition. The court may order the exhumation of the dead person\nfor the conduct of scientifically reliable genetic tests, including DNA tests,\nto prove a biological relationship. The costs of exhumation, testing, and\nreinterment shall be paid by the petitioner unless, for good cause shown, the\ncourt orders such costs paid from the estate in which the petitioner is claiming\nan interest. This provision is intended to provide a procedural mechanism for\nobtaining posthumous samples for reliable genetic testing and shall not require\nsubstantive proof of parentage to obtain the exhumation order.\n\nHISTORY: Code 1950, \u00a7 32-31.19; 1952, c. 318; 1960, c. 366; 1975, c. 475; 1979,\nc. 711; 1997, c. 59; 1999, c. 781; 2013, c. 370; 2014, c. 583; 2016, c. 356.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}