[ Previous Page] [ Home Page ]
The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5828 December 12, 1980 COUNTY MEDICAL EXAMINERS ACT: Determination of cause of death of child under age of 2 years CHILDREN AND MINORS: Determination of cause of death of child under age of 2 years Capacity to sign approval of autopsy A request for a county medical examiner to perform an autopsy on a child under 2 years of age who has died, the cause of death being unknown, may be signed by one parent or legal guardian. If an unwed mother of a deceased child whose autopsy is being requested is not emancipated, it is necessary to obtain her parent's or guardian's approval to permit the county medical examiner to perform an autopsy of her deceased child under 2 years of age. Dr. Maurice S. Reizen Director Department of Public Health 3500 North Logan Street Lansing, Michigan 48914 You have requested my opinion regarding implementation of 1974 PA 350, which amended the county medical examiners act, 1953 PA 181; MCLA 52.201 et seq; MSA 5.953(1) et seq. The particular section with which you are concerned is 1953 PA 181, supra, Sec. 5a; MCLA 52.205a; MSA 3.953(3a), which states, in pertinent part: 'When a child under the age of 2 years dies within this state under circumstances of sudden death, cause unknown, or found dead, cause unknown, that death shall be immediately reported to the county medical examiner of the county wherein the body lies, whereupon the county medical examiner shall inform the parents or legal guardians of the child that they may request an autopsy performed on the child, the costs of which shall be borne by the state. An autopsy requested by the parents or legal guardians shall be arranged for by the county medical examiner be promptly notified of the results of that autopsy.' [Emphasis added.] Your questions will be addressed seriatum: (1) Must a request for an autopsy be signed by both parents or is one signature sufficient? The new Public Health Code, 1978 PA 368, Sec. 2855; MCLA 333.2855; MSA 14.15(2855), which must be read in pari materia with 1953 PA 181, supra, states: '(1) Except as otherwise provided by law, an autopsy, postmortem, or dissection shall not be performed upon a dead body except by a physician, who has been granted written consent therefor by whichever 1 of the following assumes custody of the body for purposes of burial: parent, surviving spouse, guardian, next of kin, or a person charged by law with the responsibility for burial. If 2 or more such persons assume custody of the body, the consent of 1 is sufficient. This section does not prevent the ordering of autopsies or postmortems by a medical examiner or a local health officer . . ..' (Emphasis added.) Section 2855 of the Public Health Code, supra, repealed 1953 PA 95, Sec. 1; MCLA 328.151; MSA 14.524, which formerly regulated consent to autopsies and utilized substantially identical language. Both these statutory provisions only require the consent of one person to authorize an autoposy to be performed. Also, the county medical examiners act, 1953 PA 181, supra, provides that under certain enumerated circumstances, the county medical examiner can perform an autopsy regardless of consent. 1953 PA 181, Sec. 5; MCLA 52.205; MSA 5.953(5a), provides, in part: 'The county medical examiner may conduct an autopsy whenever he determines that an autopsy reasonably appears to be required pursuant to the provisions of law. After the county medical examiner or his deputy has made diligent effort to locate and notify the next of kin, he may order and conduct the autopsy with or without the consent of the next of kin of the deceased.' It will also be noted that the statutory construction to be followed in this instance is governed by RS 1846, ch 1, Sec. 3b; MCLA 8.3b; MSA 2.212(2), which provides, in part: '[E]very word importing the plural number may be applied and limited to the singular number.' This provision, which was added by 1959 PA 189, embodies the common law rule as expressed in Schulz v Brohl, 116 Mich 603, 605; 74 NW 1012 (1898), in which the Court stated: '. . . The fact that the plural is often used when the singular is intended is recognized, and therefore it is provided that, in construing statutes, words importing the plural number may be applied and limited to the singular. . . .' [Emphasis original.] It is, therefore, my opinion that one parent or guardian may sign the request for autopsy to be performed on a child under 2 years of age whose cause of death is unknown. (2) If the mother of the deceased child whose autopsy is being requested is unwed, is it necessary to determine the father and obtain his permission? In view of my response to your first question, it is clear that the signature of an unwed mother is sufficient to authorize an autopsy and it is not necessary to determine the identity of the child's father. (3) If an unwed mother is an unemancipated minor, is it necessary to obtain her parent's approval to permit the autopsy of the deceased child? 1968 PA 293; MCLA 722.1 et seq; MSA 25.244(1) et seq, is an act providing for the status of minors and establishing the conditions for emancipation of minors. 1968 PA 293, supra, Sec. 4 provides that emancipation occurs by operation of law when a minor (a) is married, (b) achieves the age of 18 years, (c) serves on active duty in the armed forces of the United States, or (d) is ordered emancipated by a court of competent jurisdiction. If an unwed mother is emancipated, she will be deemed to have sufficient legal capacity to sign a request for the performance of an autopsy; if the unwed mother is not emancipated, a special duty arises to protect her interests. A guardian must be appointed to sign the request on her behalf. Therefore, it is my opinion that it an unwed mother of a deceased child whose autopsy is being requested is not emancipated, it is necessary to obtain her parent's or guardian's approval to permit the county medical examiner to perform an autopsy of her deceased child under 2 years of age. Frank J. Kelley Attorney General
[ Previous Page] [ Home Page ]