Skip to main content
Find a Lawyer

Texas Code of Criminal Procedure - CRIM P Art. § 49A.202. Informed Consent to Postmortem Examination or Autopsy Required

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of article effective April 1, 2027. >

(a) Except as provided by Subsection (b), a physician may not perform, or assist in the performance of, a postmortem examination or autopsy on the body of a deceased person unless the physician obtains the written informed consent of a person authorized to provide consent under Article 49A.203.  The consent must be provided on the form prescribed under Article 49A.204.

(b) If, after exercising due diligence, a physician is unable to identify or contact a person authorized under Article 49A.203 to give consent to a postmortem examination or autopsy on the body of a deceased person, the physician may perform the examination or autopsy.  The physician must:

(1) be authorized by a medical examiner, justice of the peace, or county judge, as appropriate, to perform the postmortem examination or autopsy;  and

(2) perform the postmortem examination or autopsy not less than 24 hours and not more than 48 hours from the time:

(A) of the deceased person's death;  or

(B) the physician or other person took possession of the body.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 49A.202. Informed Consent to Postmortem Examination or Autopsy Required - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-49a-202/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard