Speak to a Consultant Free Call | Mon - Fri | 9am - 5pm
1800 001 212

I do not want a post-mortem (autopsy) performed on my spouse for religious reasons. Can they do anything less invasive?

My husband was recently found dead in the backyard. The doctor was not able to say what the cause of death is. It was very sudden but the doctor said it was not a stroke or a heart attack. The police have been involved and the case has been reported to the coroner to investigate how he died. I am a practicing Buddhist as was my husband and for religious reasons the body cannot be cut open. I do not want them to do a post-mortem. Can I ask them not to cut him open and just run some other tests instead?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 30-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Coronial & Inquests
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kate Dodgson, Brisbane 4000 QLD

  • There are a number of less invasive procedures that will be undertaken before an autopsy is ordered including:
    • a preliminary examination of the body;
    • taking samples of body fluids such as:
      • urine;
      • saliva; and
      • blood.
    • taking swabs; and
    • finger prints.
  • In some cases this will give the coroner enough information to make a finding about the cause of death.
  • In your case it sounds as though these less invasive procedures have not given the coroner enough information and that is why a post-mortem has been ordered.
  • If you do not want a post-mortem to be done then you can write to the Coroner’s Court and   make a formal objection.
  • Religious reasons are considered a reasonable objection. However the coroner will still need to weigh your objection against the public interest and decide whether or not the post-mortem should be performed.
  • If the coroner decides to proceed with a post-mortem you can appeal this decision to the Supreme Court. There are strict timeframes about making an appeal so you should speak to a lawyer about your options immediately. 

Forum Posts

Disclaimer