2025 Delaware Code
Title 16 - Health and Safety
Chapter 27. ANATOMICAL GIFTS AND STUDIES
Subchapter I. Anatomical Studies
§ 2707. Postmortem examination only by physicians; liability; consent.

Universal Citation:
16 DE Code § 2707 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 2707. Postmortem examination only by physicians; liability; consent.

(a) No postmortem examination of the body of a deceased person shall be conducted by any person other than a duly licensed doctor of medicine or osteopathy. Written or telegraphic consent for a doctor of medicine or osteopathy to conduct a postmortem examination of the body of the deceased person shall be deemed sufficient when given by whichever 1 of the following assumes custody of the body for the purpose of burial:

Parent, spouse, child, guardian, next of kin or, in absence of any of the foregoing, a person who assumes the duty of legal disposal of the body. If 2 or more such persons assume custody of the body, consent of 1 of them who is legally considered as the next of kin shall be deemed sufficient.

(b) The licensed physician conducting the postmortem examination shall not be liable in damages for any action taken in making such postmortem examination.

24 Del. C. 1953, § 1777;  56 Del. Laws, c. 429, § 2;  65 Del. Laws, c. 487, § 2;  84 Del. Laws, c. 42, § 1; 
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