When Is an Autopsy Required by Law in Louisiana?

Louisiana law makes a full autopsy mandatory in only two situations: when there is a reasonable probability that a criminal statute contributed to the death, and when an infant under one year old dies unexpectedly without explanation. Every other death that falls under the coroner’s jurisdiction may be autopsied, but the decision is left to the coroner’s professional judgment. So the short answer to when an autopsy is required by law in Louisiana is: suspected criminal deaths and unexplained infant deaths, period. Everything else is discretionary.¹

A Coroner Investigation Is Not the Same as an Autopsy

This is the point most families get wrong. Louisiana Revised Statutes 13:5713 lists thirteen categories of death that the coroner must look into, from violent deaths and suspected homicides to bodies found dead and fatal contagious disease cases. But the statute says the coroner “shall either view the body or make an investigation into the cause and manner of death.” Viewing the body, reading the medical chart, and talking to the attending physician can be enough. A forensic autopsy is one tool available to the coroner, not the default outcome every time a death gets reported.²

So the fact that a death is reportable to the coroner does not mean an autopsy will happen. It means the coroner has to look into it and decide what level of examination the circumstances call for.

Mandatory Autopsy #1: Reasonable Probability of a Criminal Violation

When the coroner concludes there is a reasonable probability that the violation of a criminal statute contributed to the death, R.S. 13:5713 requires a full autopsy. The coroner’s discretion ends at that point. Homicides, fatal shootings, fatal stabbings, suspicious deaths with signs of foul play, and deaths following a use-of-force incident all fit this trigger when the facts support it.¹

The autopsy in these cases documents the number, location, and nature of injuries, identifies the weapon involved, and helps reconstruct how the death occurred. Toxicology results can determine whether alcohol or drugs contributed, which affects both criminal prosecution and civil liability.

An important consequence of this rule: a family cannot block an autopsy in a suspected criminal death by raising a religious objection. The religious-objection provision in the statute cannot override a separate mandate that the statute itself imposes.

Mandatory Autopsy #2: Unexpected Infant Deaths

The second mandatory category covers any infant under one year old who dies unexpectedly and without explanation. The coroner must perform a full autopsy. This is the only other place in R.S. 13:5713 where the statute removes the coroner’s discretion.¹

Parents can file a written objection, but the coroner may override it if the circumstances require an autopsy in the interest of public safety, health, or welfare. A Sudden Infant Death Syndrome finding, in particular, can only be reached after a complete autopsy, a death scene investigation, and a review of the infant’s medical history have excluded other causes.

For older children, a separate statute, R.S. 40:2019, requires a death investigation whenever a child under fifteen dies unexpectedly. A full autopsy under that statute is at the coroner’s discretion rather than automatic.³

Deaths Where the Coroner Usually Orders One Anyway

Outside those two mandatory triggers, the coroner can order an autopsy in any case within their jurisdiction. Certain fact patterns push strongly toward one even without a legal mandate.

Unexplained deaths of young or apparently healthy people are a common example. Without medical records or a treating physician who can certify the cause of death, external examination alone rarely produces a defensible conclusion, and the coroner typically moves to internal examination, toxicology, and tissue analysis.²

Bodies found in unusual locations, bodies found without witnesses, and bodies found in a state of decomposition are also hard to clear without a full autopsy, because external examination cannot reliably rule out foul play once the body has deteriorated. If new evidence surfaces after burial, the coroner and the district attorney both have authority to order exhumation for examination.

Deaths in prison or while serving a sentence receive heightened scrutiny because of the inherent concerns about possible misconduct or medical neglect. When force, restraint, or a physical confrontation preceded the death, an autopsy is standard practice even before the criminal-probability trigger kicks in.

Apparent natural deaths at home can escalate too. The presence of prescription medications, alcohol, or illicit substances at the scene often prompts toxicology testing, and what looks like a natural death can turn out to be an accidental overdose or a drug interaction.

Accidental deaths with uncertain mechanisms, such as a drowning victim who may have had a seizure first or a workplace fatality that could involve toxic exposure, frequently get autopsied so the finding can withstand scrutiny in wrongful death suits, workers’ compensation claims, or safety investigations.

When a Family Can Stop an Autopsy

Louisiana gives families one real avenue to block a discretionary autopsy: a religious objection. If the family objects on religious grounds, the coroner cannot proceed unless the coroner determines the autopsy is necessary in the interest of public safety, public health, or public welfare. When overriding the objection, the coroner must give the family written reasons explaining why.²

A parallel provision lets parents object in writing to an autopsy on an infant, with the same public-interest exception.¹

The practical limits are worth stating plainly. A religious objection carries real weight in natural or unexplained deaths. It carries little weight when criminal activity is suspected, because the mandatory-autopsy requirement for probable criminal violations operates independently of the objection rule. In that situation the autopsy proceeds regardless.

Who Pays

Families do not pay for an autopsy ordered by the coroner. The parish or municipality covers the cost. When the death resulted from natural causes, the bill goes to the jurisdiction where the deceased lived. When the death resulted from an accident or crime, the jurisdiction where the event occurred pays. The coroner’s autopsy fee is set between $250 and $300, plus the cost of any laboratory tests, with the higher figure requiring approval from the parish governing authority.⁴

If a family wants an autopsy the coroner declined to order, or wants a second opinion on the coroner’s findings, they can hire an independent forensic pathologist. Private autopsies typically run $3,000 to $10,000 depending on complexity, location, the pathologist’s reputation, and whether specialized testing is included. Insurance rarely covers it.

The Bottom Line

Louisiana law forces an autopsy in two circumstances: a reasonable probability that a crime contributed to the death, and an unexpected infant death without explanation. Every other death the coroner handles is subject to the coroner’s judgment, which means an autopsy may happen or may not depending on what the facts call for. If you want an autopsy outside the two mandatory categories, you need the coroner to agree with you or you need to arrange and pay for a private one.

1
Louisiana State Legislature. Louisiana Code RS 13-5713 – Duties; Autopsies and Investigations
2
Justia. Louisiana Code 13-5713 – Duties; Autopsies and Investigations
3
Louisiana State Legislature. Louisiana HB 494 – Child Death Investigation
4
Louisiana State Legislature. Louisiana Code RS 13-5706 – Fees