Text of Statute

An autopsy or post-mortem examination may be performed upon the body of a deceased person by a licensed physician or surgeon if consent has been given in the order named by one of the following persons of sound mind and eighteen years of age or older in a written instrument executed by him or on his behalf at his express direction:

(A) The deceased person during his lifetime;

(B) The decedent's spouse;

(C) If there is no surviving spouse, if the address of the surviving spouse is unknown or outside the United States, if the surviving spouse is physically or mentally unable or incapable of giving consent, or if the deceased person was separated and living apart from such surviving spouse, then a person having the first named degree of relationship in the following list in which a relative of the deceased survives and is physically and mentally able and capable of giving consent may execute consent:

(1) Children;

(2) Parents;

(3) Brothers or sisters.

(D) If there are no surviving persons of any degree of relationship listed in division (C) of this section, any other relative or person who assumes custody of the body for burial;

(E) A person authorized by written instrument executed by the deceased person to make arrangements for burial.

Consent may be revoked only by the person executing the consent and in the same manner as required for execution of consent under this section.

As used in this section, "written instrument" includes a telegram or cablegram.

History

HISTORY: 133 v S 234 (Eff 11-27-69); 134 v S 243. Eff 12-3-71.