                                 CODE OF VIRGINIA

PERSONS WHO MAY AUTHORIZE POSTMORTEM EXAMINATION OF DECEDENT&#8217;S BODY (§
54.1-2973)

Any of the following persons, in order of priority stated, may authorize and
consent to a postmortem examination and autopsy on a decedent&#8217;s body for
the purpose of determining the cause of death of the decedent, for the
advancement of medical or dental education and research, or for the general
advancement of medical or dental science, if: (i) no person in a higher class
exists or no person in a higher class is available at the time authorization or
consent is given, (ii) there is no actual notice of contrary indications by the
decedent, and (iii) there is no actual notice of opposition by a member of the
same or a prior class.
		The order of priority shall be as follows: (1) any person designated to make
arrangements for the disposition of the decedent&#8217;s remains upon his death
pursuant to § 54.1-2825; (2) the spouse; (3) an adult son or daughter; (4)
either parent; (5) an adult brother or sister; (6) a guardian of the person of
the decedent at the time of his death; or (7) any other person authorized or
under legal obligation to dispose of the body.
		If the physician or surgeon has actual notice of contrary indications by the
decedent or of opposition to an autopsy by a member of the same or a prior
class, the autopsy shall not be performed. The persons authorized herein may
authorize or consent to the autopsy after death or before death.
		In cases of death where official inquiry is authorized or required by law, the
provisions of Article 1 (§ 32.1-277 et seq.) of Chapter 8 of Title 32.1 shall
apply. If at the time of death, a postmortem examination is authorized or
required by law, any prior authorization or consent pursuant to this section
shall not be valid unless the body is released by the Office of the Chief
Medical Examiner.
		A surgeon or physician acting in accordance with the terms of this section
shall not have any liability, civil or criminal, for the performance of the
autopsy.

HISTORY: Code 1950, § 32-364.4:1; 1973, c. 357; 1979, c. 720, § 54-325.8;
1986, c. 237; 1988, c. 765; 1998, c. 718; 2014, c. 583.