1016 - Religious Objection to Autopsy
1016.1 PURPOSE AND SCOPE
California Government Code section 27491.43 mandates that a Coroner shall not perform an autopsy or other procedure in any case in which the Coroner has received a certificate of religious belief executed by the decedent. This policy outlines the other legal requirements of the Coroner and processes of the Coroner Division when notified of the existence of, or presented with a copy of, a certificate of religious belief.
1016.2 SECTION TITLE
When a decedent's friend or family member notifies any member of the Coroner Division of a potential religious objection to autopsy, the member shall immediately notify the Coroner. In accordance with Government Code 27491.43(a)(2), the Deputy Coroner shall not order an autopsy for a minimum of 48 hours or until the certificate is produced. The Deputy Coroner shall advise the reporting party that an autopsy will commence in 48 hours if no valid certificate is produced.
- In the event that the autopsy or other procedure has already commenced at the time of initial notification, the Watch Commander shall ensure that all procedures are stopped immediately.
1016.3 CERTIFICATE REQUIREMENTS
If the decedent's friend or family member produces a certificate of religious objection, the certificate shall be given directly to the Coroner who shall review and determine the certificate's validity. If the certificate is deemed valid, postmortem examination shall not be performed and the death certificate shall be signed in accordance with section 1116.7 of this policy. Per Government Code 27491.43(b), the certificate shall meet the following criteria in order to be considered valid:
- Be executed by the decedent, prior to death, at age 18 or older.
- The decedent in his certificate used clear and unambiguous language to state that any postmortem examination would violate his/her religious convictions.
- Be signed and dated by the decedent.
- Be signed by two witnesses.
- Each witness must include his/her residence address.
1016.4 BODY EXAMINATION
In all cases where an autopsy is not performed based on the presence of a valid certificate of religious objection, the decedent shall be examined by a Deputy Coroner. The examination may take place at the Coroner Division Facility, unless other case circumstances require a field response in accordance with Coroner Division Policy 1104.
1016.5 COURT PETITION
Pursuant to Government Code 27491.43(b), if a valid certificate of religious belief is produced but the cause of death is not evident and it is in the public interest to determine the cause of death, the Sheriff- Coroner or his/her designee may petition the court for an order authorizing autopsy or an order setting aside the certificate as invalid. Notice of the proceeding shall be given to the person who produced the certificate.
1016.6 AUTHORITY TO SUPERSEDE RELIGIOUS OBJECTION
Even with a valid certificate of religious objection, California Government Code section 27491.43(c) authorizes the Coroner to perform postmortem examinations in any case where there is reasonable suspicion that the death was caused by a criminal act, or contagious disease constituting a public health hazard.
- In this instance, and with the approval of the Sheriff-Coroner, the court need not be petitioned.
1016.7 DEATH CERTIFICATE
Death certificates for any case not autopsied on the basis of a religious objection shall be signed with the manner of "Natural" or "Undetermined," based on known case circumstances. The injury description shall read "Religious Objection to Autopsy," and the primary cause of death shall read as follows:
- Undetermined
- Religious Objection to Autopsy Organ/Tissue Donoations 1017 Organ/Tissue Donations