2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4210-C - Limitations to Dissection or Autopsy.

§ 4210-c. Limitations to dissection or autopsy. 1. Notwithstanding any
other provision of law, in the absence of a compelling public necessity,
no  dissection  or  autopsy  shall  be performed over the objection of a
surviving relative or friend of the  deceased  that  such  procedure  is
contrary  to  the  religious  belief  of  the  decedent, or, if there is
otherwise reason to believe that a dissection or autopsy is contrary  to
the decedent's religious beliefs.
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.
(b) "relative" shall mean the  person  most  closely  related  to  the
decedent  by  consanguinity  or  affinity.  In  the event such person is
unavailable, the objection may be raised on his behalf by the next  most
closely  related  person.  The  official  who  has  authority to order a
dissection or autopsy of the decedent's body may require a  relative  to
present  an  affidavit  stating  his  relationship  to the decedent, the
religious affiliation of the decedent, if any,  that  the  decedent  had
religious  objections to an autopsy, the basis for such belief, and that
he will assume responsibility for the lawful disposition of the body  of
the deceased.
(c)"friend"  shall mean any person who, prior to the decedent's death,
maintained such regular contact with the decedent as to be familiar with
his activities,  health  and  religious  beliefs  and  who  presents  an
affidavit  stating the facts and circumstances upon which the claim that
he is such friend is based, the religious affiliation of  the  decedent,
if  any,  that  the decedent had religious objections to an autopsy, the
basis for such belief, and that he will assume  responsibility  for  the
lawful disposition of the body of the deceased.
3.  All  dissections  or  autopsies performed pursuant to this section
shall be the least intrusive procedure consistent  with  the  compelling
state interest as defined herein.
4.  Except  as  provided  in  subdivision  three  of section forty-two
hundred ten of this article, no dissection or autopsy shall be performed
over the objection of a surviving relative or friend that  such  autopsy
is  contrary to the religious beliefs of the deceased, or where there is
otherwise reason to believe that a dissection or autopsy is contrary  to
the  decedent's  religious beliefs, until notice thereof is given to the
next of kin or friend as defined herein, or until forty-eight hours have
elapsed, whichever is greater, to permit an objecting party to institute
legal proceedings to determine  the  propriety  of  such  dissection  or
autopsy;  provided,  however,  that  a  court  upon  ex parte motion may
dispense with the waiting period if it determines that  such  delay  may
prejudice  the accuracy of the autopsy or dissection or if the objecting
party is a suspect in the homicide.
5. Whenever any coroner or medical examiner shall deem it necessary to
perform an autopsy over the objection of a surviving relative or  friend
that  such autopsy is contrary to the religious beliefs of the deceased,
or where there is otherwise reason  to  believe  that  a  dissection  or
autopsy   is   contrary   to   the   decedent's  religious  beliefs,  in
circumstances  not  provided  for  in  subparagraphs  (i)  and  (ii)  of
paragraph  (a)  of  subdivision  two of this section, he may institute a

special proceeding, without fee, in the supreme court  or  county  court
for  an  order  authorizing  such  autopsy.  Such  proceeding  shall  be
instituted as soon as practicable, brought on by an order to show  cause
on  notice  to  the  next  of  kin or friend, or if none is known to the
petitioner, then to such party as the court may  direct,  returnable  at
the  earliest  possible  time. The proceeding shall have preference over
all other cases in the court and shall be determined summarily upon  the
petition  and  such  oral  or  written  proof  as  may be offered by the
parties. The court shall grant the relief sought in the petition  if  it
finds  that  the petitioner had established a demonstrable need for such
autopsy or dissection under  all  circumstances  of  the  case.  If  the
petition is denied, and no stay is granted by the court or the appellate
division,  the  body  shall  immediately  be  released for burial to the
surviving relative or friend.