Disclosure of Autopsy Reports to Spouse or Next of Kin

The Office may, in its discretion, provide a copy of the autopsy report of a decedent to the decedent’s surviving spouse or next of kin, who shall have priority in the order named, if the following conditions are met: (1) The Office receives a written request for a copy of the autopsy report from the surviving spouse or next of kin; (2) The surviving spouse or next of kin provides an affidavit, signed under the pains and penalties of perjury, indicating and verifying his or her relationship to the decedent; and discretion and in writing, that he does not object to the disclosure of the autopsy report to the spouse or next of kin. The Office may, in its discretion, provide a copy of the autopsy report of a decedent to a requesting party in a civil case if the following conditions are met: (1) The moving party demonstrates to the court having subject matter jurisdiction over the litigation that the autopsy report likely contains information that is relevant, material, and necessary for preparation or use in the litigation; (2) The moving party obtains a specific court order, authorizing disclosure of the autopsy report, issued by a judge of the court having subject matter jurisdiction over the litigation; (3) The Office has been afforded the opportunity to oppose and object to the disclosure of the autopsy report for reasons of confidentiality, privacy, investigative interests or as justice may require; representative is directing and controlling the investigation of the death pursuant to M.G.L. c. 38, § 4, the district attorney or his law enforcement representative has determined, in his discretion and in writing, that he does not object to the disclosure of the autopsy report to the spouse or next of kin; and reports are not public records and should not be disseminated or used for any purposes other than those authorized by the court order or by law. The Office may, in its discretion, provide a copy of the autopsy report of a decedent to a requesting investigatory body if the following conditions are met: (1) The investigatory body demonstrates that the autopsy report likely contains information that is relevant, material, and necessary for the complete and proper investigation of the death; discretion and in writing, that, that he does not object to the disclosure of the autopsy report to the investigatory body; and reports are not public records and should not be disseminated or used for any purposes other than those authorized by law.