Are Autopsies Public Records? Vital Records Explained

In the US, it depends on state law. For instance, in Alabama, under state statutes, autopsies are public records, in Arkansas, however, autopsy reports are not medical records, meaning they are public records.

Table Of Contents
  1. Are autopsy reports public records?
  2. Where to download autopsy reports?
  3. Other Vital Records Laws

Are autopsy reports public records?

An autopsy, necropsy, or post mortem examination refers to a surgical procedure aimed at establishing the cause of death. Depending on state law, autopsy reports could be medical records. Why is that important?

Federal and state privacy laws do not allow anyone to view your medical records without your consent. Consequently, if autopsy reports are medical reports in your state, the documents are not public records. For example, in Massachusetts, autopsy reports are medical records. Under section 32 chapter 2, the state’s chief medical examiner may only share autopsy reports with the following parties:

Note that state law allows the chief medical examiner to set a fee. That means that to access an autopsy report, you must pay for it in almost all states.

Who performs autopsies in the US?

The chief medical examiner is the person tasked with making autopsy reports in the majority of states. Therefore, the easiest way to find autopsy reports in your state is to visit the states’ official chief medical examiner’s website. For instance, if you are in New York. You may visit the NYC Office of Chief Medical Examiner here.

Find your state’s chief medical examiner’s website and contact information in the table below.

Who can access autopsy reports in the US?

As mentioned, state law determines who has the authority to view autopsy reports. But generally, the records are available to family members/next of kin, investigatory bodies, and parties involved in civil proceedings related to the deceased.

Where to download autopsy reports?

StateAutopsy report related statutePublic record statusChief medical examiner website/contact information. (Request and download autopsy reports by state)
Alabama Ala. 45-27-60.07 Ala. Code § 36-18-2Public record if there is no pending criminal investigation. Anyone may request a copy.State Department of Forensic Sciences, and records. https://www.adfs.alabama.gov/services/di/family-resources
Alaska AS 12.65.020 AS 40.25. AS 40.25.110 -.125.Public record. Statute does not directly address coroner reports. Available to:State Medical Examiner. https://dhss.alaska.gov/dph/MedicalExaminer/Pages/default.aspx
Arizona A.R.S. §§ 11-594 Public record if there is no pending criminal investigation. may require court approval.State Medical Examiner. https://www.maricopa.gov/468/Medical-Examiner
Arkansas Ark. Code Ann. § 12-12-312Reports are subject to the FOIA act. Public record if there is no pending criminal investigation. Medical information/records are exempt from disclosure. Arkansas State Crime Laboratory https://www.dps.arkansas.gov/crime-info-support/arkansas-state-crime-lab/contact-us/
California Cal. Gov’t Code § 27491.6Public records. Anyone may request a copy if there is no pending investigation.Office of the Medical Examiner-coroner https://medicalexaminer.sccgov.org/medical-examiner-coroners-reports
Colorado § 24-72-204(3)(a)(I).Public record. Not public until suspect is arrested or investigations end.State Coroner https://www.denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Public-Health-Environment/Medical-Examiner/Autopsy-Report-Request
Connecticut Conn. 448, 518 A.2d 64 Stat. §19a-411.Not public record. Next of kin and family may request a copy.Chief Medical Examiner https://portal.ct.gov/OCME
Delaware 16 Del. C. § 1210Not public. You must have property documentation and authorization (proof of relationship). Available to family and next of kinDivision of Forensic Science https://forensics.delaware.gov/forms/index.shtml?dc=famRequestForm
District of ColumbiaD.C. Code Ann. § 5-1412(c).You must “legitimate interest” to access autopsy reports. Available to next of kin and family.Chief Medical Examiner https://ocme.dc.gov
Florida 119.011(1)F.SPublic record if there is no pending criminal investigation. You must show “good cause” Anyone may obtain a copy.District Examiner https://www.pinellascounty.org/forensics/me_faqs.htm
Georgia O.C.G.A. § 45-16-27(d) 556, 385 S.E.2d 406 Public record. You must have written permission from next of kin or family to access images or videos.Division of Forensic Sciences https://dofs-gbi.georgia.gov/autopsies
Hawaii Haw. Rev. Stat. § 346-10Public records. State may withhold if there is a pending investigation.Chief Medical Examiner https://www.honolulu.gov/med
Idaho Public recordOffice of the Coroner https://adacounty.id.gov/coroner/coroner-faq/
Illinois 5 ILCS 140/7(1)(d)(i)Not public record if there is a pending criminal investigation.Chief Medical Examiner https://www.cookcountyil.gov/agency/medical-examiners-office
Indiana I.C. § 5-14-3-3) (I.C. § 5-14-3) (I.C. § 36-2-14-18(c))Public record. You must submit a written request. Open to:Coroner https://www.in.gov/ctb/files/section501.pdf
Iowa Iowa Code § 691.6 r Iowa Code § 331.802 Cause of death is public record. Remaining information i9nclduing photos and videos are medical records.Chief Medical Examiner https://iosme.iowa.gov/faq/who-can-obtain-copies-autopsy-report-and-death-certificate
Kansas Kan. Att’y Gen. Op. 1986-05. Kansas Open Record Act (KORA)Public record once completed.
Kentucky Ky. Rev. Stat. 61.878(1)(h) Open Records Actpublic record when investigations conclude.Chief Medical Examiner https://justice.ky.gov/Departments-Agencies/Documents/ME/KentuckyMedicalExaminerBrochure.pdf c
Louisiana La. Rev. Stat. Ann. § 13:5713 not public records
Maine 22 M.R.S.A. § 3022(8). not public recordsChief Medical Examiner https://www.maine.gov/ag/crime/chief_medical_examiner.shtml
Maryland § 4-329.public recordsChief Medical Examiner https://health.maryland.gov/ocme/Pages/faqs.aspx#:~:text=To%20review%20an%20autopsy%20report,warrant%20the%20release%20of%20materials.
Massachusetts medical records/ not public records kin/family may have to submit a written affidavit.Chief Medical Examiner https://www.mass.gov/autopsy-reports
New Hampshire RSA 611-A:8,III,confidential medical records you must have consent from next of kin/familyDepartment of Justice https://www.doj.nh.gov/medical-examiner/
New Jersey N.J.A.C. 8:2A-1.2. N.J.S.A. 47:1A-1.1public recordsDepartment of Health https://www.nj.gov/health/me/about-us/
New Mexico NMSA 1978 § 24-14-28(A) Public record. Available to “anyone demonstrating a tangible and direct interest.”
Michigan Open to family and next of kin. You may file a Freedom of Information (FOIA) request if you are not related to the deceasedCounty Medical Examiner https://www.oakgov.com/me/Pages/autopsy.aspx
Minnesota Minn. Stat. § 13.83, subd. 2 Data practices actPublic records. Family and next of kin do not payChief Medical Examiner https://www.health.state.mn.us/people/vitalrecords/deathreg/coroners_and_mes.cfm
Mississippi 41 -61-63(a). Autopsy reports open to:Chief Medical Examiner https://www.dps.ms.gov/forensic-laboratories/medical-examiner/reports
Missouri .Rev.Stat. § 194.115, §§ 58.720-.740Public record. Fee does not apply to family.Chief Medical Examiner https://greenecountymo.gov/medical_examiner/FAQ.php#A156
Montana Chief Medical Examiner https://dojmt.gov/crime/medical-examiner/
Nebraska Coroner https://countyattorney.douglascounty-ne.gov/coroner-s-office
New HampshireRSA 611-A:8,II RSA 611-B:11 Medical report/not public records You will need consent from family or next of kinChief Medical Examiner https://www.doj.nh.gov/medical-examiner/
Nevada Public recordCoroner https://www.washoecounty.gov/coroner/faq/autopsy_report.php
New Hampshire RSA 611-A:8,III,confidential medical records you must have consent from next of kin/familyDepartment of Justice https://www.doj.nh.gov/medical-examiner/
New Jersey N.J.A.C. 8:2A-1.2. N.J.S.A. 47:1A-1.1public recordsDepartment of Health https://www.nj.gov/health/me/about-us/
New Mexico NMSA
New York Available to next of kin and district attorney.Chief Medical Examiner https://www1.nyc.gov/site/ocme/services/autopsy.page
North Carolina North Carolina G. S. § 130a-389.Limited access. Available to:Chief Medical Examiner https://www.ocme.dhhs.nc.gov/annreport/index.shtml
North Dakota N.D.C.C. § 23-01-05.5.Confidential. Available to:State Forensic Examiner http://www.ndhealth.gov/ndme/coronerinformati.html
Ohio Public record after completion of investigations.
Oklahoma 3 O.S. § 945(D) 63 O.S. § 945(E)Summary report is public recordChief Medical Examiner
Oregon ORS 192.345(36) Limited access. Open to next of kin and family membersChief Medical Examiner https://www.oregon.gov/osp/programs/pages/med.aspx
Pennsylvania Pennsylvania right to know lawPublic record
Tennessee Tenn. Code Ann. § 38-7-108Public record. Anyone may request copies.Department of Health https://www.tn.gov/health/health-program-areas/oscme.html
Texas Tex. Atty. Gen. Op. JC-0422Public record. Anyone may request a copyInstitute of Forensic Science https://ifs.harriscountytx.gov/Pages/AutopsyReports.aspx
Utah Utah Code § 26-4-17.Open to: You may need a written requestChief Medical Examiner https://ome.utah.gov/category/our-services
Vermont 1 V.S.A. § 317. 18 V.S.A. § 505. 18 V.S.A. § 5205)Not public records.Chief Medical Examiner https://www.healthvermont.gov/health-professionals-systems/office-medical-examiner/recordsreports
Virginia Va. Code Ann. § 32.1-285Medical records/ not public records, Open to Chief Medical Examiner https://www.vdh.virginia.gov/medical-examiner/information-for-family-and-friends/faqs/
Washington RCW 68.50.105.Confidential. Open toChief Medical Examiner https://snohomishcountywa.gov/771/Records-Requests
West Virginia N/AMedical records/not public records. Open toChief Medical Examiner https://dhhr.wv.gov/ocme/Document_Request/Pages/Document%20requests.aspx
Wisconsin Wis. Stats. 19.34(1)Cause of death is public record. Family and next of kin may access photos, and other autopsy records, County Medical Examiner’s Office https://www.co.jackson.wi.us/index.asp?SEC=6E2F062F-D4FE-481C-AD00-4132BE7E5466&DE=BB6238A1-459B-4744-825F-1131992568B0 you may obtain non certified copies at the County Register of Deeds office
Wyoming Wyo. Stat. § 16-4-203(d)(I)You may petition the court if you have “good cause” Open to: Coroner https://www.tetoncountywy.gov/258/Coroner

Other Vital Records Laws

Share this: