A. In any case of death described in subsection A of § 32.1-283, where thebody is buried without investigation by a medical examiner as to the causeand manner of death or where sufficient cause develops for furtherinvestigation after a body is buried, the Chief Medical Examiner shallauthorize such investigation and shall send a copy of the report to theappropriate attorney for the Commonwealth who shall communicate such reportto a judge of the appropriate circuit court. Such judge may order that thebody be exhumed and an autopsy performed thereon by the Chief MedicalExaminer or by an Assistant Chief Medical Examiner. The pertinent factsdisclosed by the autopsy shall be communicated to the judge who ordered it.
B. In any case of death in which a private person has an interest, suchperson may petition the judge of the circuit court exercising jurisdictionover the place of interment and, upon proper showing of sufficient cause,such judge may order the body exhumed. Such petition or exhumation or bothshall not require the participation of the Chief Medical Examiner or hisAssistant Chief Medical Examiners. Costs shall be paid by the partyrequesting the exhumation.
C. Upon the petition of a party attempting to prove, in accordance with theprovisions of §§ 64.1-5.1 and 64.1-5.2, that he is the issue of a person deadand buried, a court may order the exhumation of the body of a dead person forthe conduct of scientifically reliable genetic tests, including DNA tests, toprove a biological relationship. The costs of exhumation, testing, andreinterment shall be paid by the petitioner unless, for good cause shown, thecourt orders such costs paid from the estate of the exhumed deceased. Thisprovision is intended to provide a procedural mechanism for obtainingposthumous samples for reliable genetic testing and shall not requiresubstantive proof of parentage to obtain the exhumation order.
(Code 1950, § 32-31.19; 1952, c. 318; 1960, c. 366; 1975, c. 475; 1979, c.711; 1997, c. 59; 1999, c. 781.)
A. In any case of death described in subsection A of § 32.1-283, where thebody is buried without investigation by a medical examiner as to the causeand manner of death or where sufficient cause develops for furtherinvestigation after a body is buried, the Chief Medical Examiner shallauthorize such investigation and shall send a copy of the report to theappropriate attorney for the Commonwealth who shall communicate such reportto a judge of the appropriate circuit court. Such judge may order that thebody be exhumed and an autopsy performed thereon by the Chief MedicalExaminer or by an Assistant Chief Medical Examiner. The pertinent factsdisclosed by the autopsy shall be communicated to the judge who ordered it.
B. In any case of death in which a private person has an interest, suchperson may petition the judge of the circuit court exercising jurisdictionover the place of interment and, upon proper showing of sufficient cause,such judge may order the body exhumed. Such petition or exhumation or bothshall not require the participation of the Chief Medical Examiner or hisAssistant Chief Medical Examiners. Costs shall be paid by the partyrequesting the exhumation.
C. Upon the petition of a party attempting to prove, in accordance with theprovisions of §§ 64.1-5.1 and 64.1-5.2, that he is the issue of a person deadand buried, a court may order the exhumation of the body of a dead person forthe conduct of scientifically reliable genetic tests, including DNA tests, toprove a biological relationship. The costs of exhumation, testing, andreinterment shall be paid by the petitioner unless, for good cause shown, thecourt orders such costs paid from the estate of the exhumed deceased. Thisprovision is intended to provide a procedural mechanism for obtainingposthumous samples for reliable genetic testing and shall not requiresubstantive proof of parentage to obtain the exhumation order.
(Code 1950, § 32-31.19; 1952, c. 318; 1960, c. 366; 1975, c. 475; 1979, c.711; 1997, c. 59; 1999, c. 781.)
A. In any case of death described in subsection A of § 32.1-283, where thebody is buried without investigation by a medical examiner as to the causeand manner of death or where sufficient cause develops for furtherinvestigation after a body is buried, the Chief Medical Examiner shallauthorize such investigation and shall send a copy of the report to theappropriate attorney for the Commonwealth who shall communicate such reportto a judge of the appropriate circuit court. Such judge may order that thebody be exhumed and an autopsy performed thereon by the Chief MedicalExaminer or by an Assistant Chief Medical Examiner. The pertinent factsdisclosed by the autopsy shall be communicated to the judge who ordered it.
B. In any case of death in which a private person has an interest, suchperson may petition the judge of the circuit court exercising jurisdictionover the place of interment and, upon proper showing of sufficient cause,such judge may order the body exhumed. Such petition or exhumation or bothshall not require the participation of the Chief Medical Examiner or hisAssistant Chief Medical Examiners. Costs shall be paid by the partyrequesting the exhumation.
C. Upon the petition of a party attempting to prove, in accordance with theprovisions of §§ 64.1-5.1 and 64.1-5.2, that he is the issue of a person deadand buried, a court may order the exhumation of the body of a dead person forthe conduct of scientifically reliable genetic tests, including DNA tests, toprove a biological relationship. The costs of exhumation, testing, andreinterment shall be paid by the petitioner unless, for good cause shown, thecourt orders such costs paid from the estate of the exhumed deceased. Thisprovision is intended to provide a procedural mechanism for obtainingposthumous samples for reliable genetic testing and shall not requiresubstantive proof of parentage to obtain the exhumation order.
(Code 1950, § 32-31.19; 1952, c. 318; 1960, c. 366; 1975, c. 475; 1979, c.711; 1997, c. 59; 1999, c. 781.)
