34-26-2. Autopsy authorized. An autopsy may be performed upon the body of a deceased person by a physician or surgeon whenever so authorized in writing, or by electronically recorded telephone communication:
(1) By the decedent during the decedent's lifetime; or
(2) By the decedent's surviving spouse; or
(3) If the surviving spouse is incompetent or not available or if there be no surviving spouse, by an adult child, parent, brother, or sister of the decedent. However, such autopsy may not be performed under a consent given as required by this subdivision if, before such autopsy is performed, any adult child or parent of the decedent objects in writing to the physician or surgeon by whom the autopsy is to be performed;
(4) By the state's attorney, county sheriff, or investigating county coroner pursuant to § 23-14-9.1.Source: SL 1951, ch 188, § 2; SDC Supp 1960, § 34.1016; SL 1961, ch 184, § 2; SL 1981, ch 263; SL 1985, ch 191, § 5; SL 2009, ch 123, § 2.
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