Ohio Supreme Court Holds Relatives May Not Claim Autopsy Specimens

The Canton Repository reports that, in a decision with implications for those whose religious beliefs require burial of all body parts, the Ohio Supreme Court yesterday held that a decedent's next-of-kin has no right to receive back autopsy specimens. In Albrecht v. Treon, (OH Sup. Ct., June 5, 2008), the Court in a 6-1 decision held:

The issues of whether notice is required, what notice is required, and whether and under what circumstances tissue and organs can be removed and retained during the course of an autopsy, are issues for the legislature, not the courts.... [T]he next of kin of a decedent upon whom an autopsy has been performed do not have a protected right under Ohio law in the decedent’s tissues, organs, blood, or other body parts that have been removed and retained by the corner for forensic examination and testing.

A Supreme Court news release summarizes the decision. (See prior related posting.)