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Pennsylvania Statutes Title 35 P.S. Health and Safety § 1111. Persons authorized to perform autopsy; authorization for postmortem examination

Current as of January 01, 2025 | Updated by Findlaw Staff

An autopsy or postmortem examination may be performed upon the body of a deceased person by a physician licensed under the laws of the Commonwealth of Pennsylvania to engage in the practice of medicine and surgery in all of its branches within the scope of the act approved the third day of June, one thousand nine hundred eleven (Pamphlet Laws 639), and its amendments,  1 or in the practice of osteopathy or osteopathic surgery within the scope of the act, approved the nineteenth day of March one thousand nine hundred nine (Pamphlet Laws 46), and its amendments,  2 when the dead body is claimed within thirty-six hours after death for burial at the expense of the claimant and authorization for the postmortem examination has been obtained in any of the following manners:

(1) By written authorization signed by the deceased during lifetime and the written consent of his surviving spouse, if any, after death.

(2) By written authorization of any party whom the deceased during lifetime designed by written instrument to take charge of his body for burial and the written consent of decedent's surviving spouse, if any, after death.

(3) By written authorization of the decedent's surviving spouse.

(4) If the surviving spouse is incompetent, unavailable or does not claim the body for burial, or if there is no surviving spouse, by written authorization of the following in order of precedence if the claimant agrees to provide burial: (i) adult children, (ii) adult grandchildren, (iii) parents, (iv) brothers or sisters, (v) nephews or nieces, (vi) grandparents, (vii) uncles or aunts, (viii) cousins, (ix) stepchildren, (x) relatives or next of kin of previously deceased spouse.

(5) If none of the above persons are available to claim the body, by written authorization of any other relative or friend who assumes custody of the body for burial.

1 63 P.S. § 401 et seq. (repealed); see, 63 P.S. § 422.1 et seq.
2 63 P.S. §§ 261 262, 264 to 268, 269 to 271; 71 P.S. §§ 1141 to 1144 (repealed); see, 63 P.S. § 271.1 et seq.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 1111. Persons authorized to perform autopsy; authorization for postmortem examination - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-1111/

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