The laws regarding the circumstances under which the medical examiner must conduct an inquest (inquiry into the cause of death) or under which a person may request an autopsy vary from state to state, and are usually located in a state’s statutes. The following information is generally applicable to inquests and private autopsies.

Inquest

If a person dies in a county with a medical examiner, the medical examiner (or authorized deputy) must conduct an inquest under the following circumstances: (1) when a person dies within 24 hours after being admitted to a hospital or institution, or dies in prison or jail; (2) when a person is killed, or dies from an unnatural cause of death (unless executed by the state for a crime), or dies without one or more good witnesses; (3) when the body or a body part of a person is found, and the cause or circumstances of death are unknown; (4) when the circumstances of the death of any person lead to suspicion the person died by unlawful means; (5) when any person commits suicide, or the circumstances of the person's death lead to suspicion the person committed suicide; (6) when a person dies without having been attended by a duly licensed and practicing physician, and the local health officer or registrar required to report the cause of death does not know the cause of death; (7) when the person is a child who is younger than six years of age and the death is reported to child welfare services; and (8) when a person dies who has been attended immediately preceding his death by a duly licensed and practicing physician or physicians, and such physician or physicians are not certain as to the cause of death and are unable to certify with certainty the cause of death.

Private Autopsy

Consent for a postmortem examination or autopsy often may be given by any member of the following classes of persons who is reasonably available, in the order of priority listed: (1) the spouse of the decedent; (2) the person acting as guardian of the person of the decedent at the time of death or the executor or administrator of the decedent's estate; (3) the adult children of the decedent; (4) the parents of the decedent; and (5) the adult siblings of the decedent.

In California, the circumstances under which a medical examiner must conduct an inquest are outlined in the California Government Code Sections 27491 and 27520. An inquest is mandatory when a death occurs under suspicious circumstances, such as an unnatural or unexpected death, a death without a known cause, a death occurring within 24 hours of hospital admission, or a death in prison or jail. Additionally, deaths by suicide, unattended deaths, deaths of children under six years old reported to child welfare services, and deaths where the attending physician cannot ascertain the cause are also subject to inquest. Regarding private autopsies, California law allows certain individuals to consent to an autopsy in a hierarchical order of relationship to the deceased, starting with the spouse, followed by the guardian or estate representative, adult children, parents, and then adult siblings. This is governed by California Health and Safety Code Section 7100. The consent of the next of kin is required unless the death falls under the jurisdiction of the medical examiner or coroner, in which case an autopsy may be performed without consent for investigative purposes.