Cal.Gov.Code. § 27491.43 (c) Notwithstanding the existence of a certificate, the coroner may at any time
perform an autopsy or any other procedure if he or she has a reasonable suspicion
that the death was caused by the criminal act of another or by a contagious disease
constituting a public health hazard. § 5-310(1) If the medical examiner who investigates a medical examiner's case considers
an autopsy necessary, the Chief Medical Examiner, the Deputy Chief Medical
Examiner, an assistant medical examiner, or a pathologist authorized by the Chief
Medical Examiner shall perform the autopsy. N. J. Stat. 52:17B-88.2 Dissection or autopsy; contrary to decedents' religious beliefs
Notwithstanding any other provision of law to the contrary, no dissection or
autopsy shall be performed, in the absence of a compelling public necessity, over
the objection of a member of the deceased's immediate family or in the absence
thereof, a friend of the deceased that the procedure is contrary to the religious
belief of the decedent or if there is an obvious reason to believe that a dissection or
autopsy is contrary to the decedent's religious beliefs Definitions As used in this act: "Compelling public necessity" means (1) That the dissection or autopsy is essential to the criminal investigation of
a homicide of which the decedent is the victim; or (2) That the discovery of the cause of death is necessary to meet an
immediate and substantial threat to the public health and that a dissection or
autopsy is essential to ascertain the cause of death; or (3) That the death was that of an inmate of a prison, jail or penitentiary; or (4) That the death was that of a child under the age of 12 years suspected of
having been abused or neglected or suspected of being a threat to public health, and
the cause of whose death is not apparent after diligent investigation by the medical
examiner; or (5) That the need for a dissection or autopsy is established pursuant to the
provisions of section 4 of this act N. J. Stat. 52:17B-88.4 Whenever, in the opinion of a medical examiner, there is a compelling public
necessity in circumstances not provided for in paragraphs (1), (2), (3) and (4) of
section 1 of this act to perform an autopsy or dissection; and a member of the
deceased's immediate family or, in the absence thereof, a friend objects that the
autopsy or dissection is contrary to religious beliefs of the deceased or there is an
obvious reason to believe that the autopsy or dissection is contrary to the religious
beliefs of the deceased, then the medical examiner may institute an action in the
Superior Court for an order authorizing the autopsy or dissection. The action shall
be instituted by an order to show cause on notice to the member of the deceased's
immediate family or friend, or if none is known, then to such party as the court may
direct. Public Health Law §4209-b In the absence of "compelling public necessity"(as defined by the
statute), no autopsy shall be performed where there is evidence that
such procedure is contrary to the religious belief of the decedent Public Health Law §4209-c.2 For the purposes of this section: (a) "compelling public necessity" shall mean: (i) that the dissection or autopsy is essential to the conduct of a criminal
investigation of a homicide, as defined in section 125.00 of the penal law, of which
the decedent is the victim, or (ii) that discovery of the cause of death is necessary to meet an immediate and
substantial threat to the public health and that a dissection or autopsy is essential to
ascertain the cause of death, or (iii) that the need for a dissection or autopsy is established in accordance with
subdivision five of this section. ORC. § 313.131 (C)(1) Except as provided in division (F) of this section, if a relative or friend of the
deceased person informs the coroner that an autopsy is contrary to the deceased
person's religious beliefs, or the coroner otherwise has reason to believe that an
autopsy is contrary to the deceased person's religious beliefs, and the coroner
concludes the autopsy is a compelling public necessity, no autopsy shall be
performed for forty-eight hours after the coroner takes charge of the deceased
person. An autopsy is a compelling public necessity if it is necessary to the conduct
of an investigation by law enforcement officials of a homicide or suspected homicide,
or any other criminal investigation, or is necessary to establish the cause of the
deceased person's death for the purpose of protecting against an immediate and
substantial threat to the public health. During the forty-eight hour period, the
objecting relative or friend may file suit to enjoin the autopsy, and shall give notice
of any such filing to the coroner. The coroner may seek an order waiving the forty-eight
hour waiting period. If the coroner seeks such an order, the court shall give
notice of the coroner's motion, by telephone if necessary, to the objecting relative or
friend, or, if none objected, to all of the deceased person's relatives whose addresses
or telephone numbers can be obtained through the exercise of reasonable diligence.
The court may grant the coroner's motion if the court determines that no friend or
relative of the deceased person objects to the autopsy or if the court is satisfied that
any objections of a friend or relative have been heard, and if it also determines that
the delay may prejudice the accuracy of the autopsy, or if law enforcement officials
are investigating the deceased person's death as a homicide and suspect the
objecting party committed the homicide or aided or abetted in the homicide. If no
friend or relative files suit within the forty-eight hour period, the coroner may
proceed with the autopsy. ORC. § 313.131 (F) (1) Divisions (C)(1) and (2) of this section do not apply in any case involving
aggravated murder, suspected aggravated murder, murder, suspected murder,
manslaughter offenses, or suspected manslaughter offenses. SOURCE: Summary of Autopsy Consent Laws