54.1-2973 - Persons who may authorize postmortem examination of decedent's body. - Virginia Statutes

§ 54.1-2973. Persons who may authorize postmortem examination of decedent'sbody.

Any of the following persons, in order of priority stated, may authorize andconsent to a postmortem examination and autopsy on a decedent's body for thepurpose of determining the cause of death of the decedent, for theadvancement of medical or dental education and research, or for the generaladvancement of medical or dental science, if: (i) no person in a higher classexists or no person in a higher class is available at the time authorizationor consent is given, (ii) there is no actual notice of contrary indicationsby the decedent, and (iii) there is no actual notice of opposition by amember of the same or a prior class.

The order of priority shall be as follows: (1) any person designated to makearrangements for the disposition of the decedent's remains upon his deathpursuant 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 personof the decedent at the time of his death; or (7) any other person authorizedor under legal obligation to dispose of the body.

If the physician or surgeon has actual notice of contrary indications by thedecedent or of opposition to an autopsy by a member of the same or a priorclass, the autopsy shall not be performed. The persons authorized herein mayauthorize 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 32.1shall apply. If at the time of death, a postmortem examination is authorizedor required by law, any prior authorization or consent pursuant to thissection shall not be valid unless the body is released by the Chief MedicalExaminer or one of his assistants.

A surgeon or physician acting in accordance with the terms of this sectionshall not have any liability, civil or criminal, for the performance of theautopsy.

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