Are Autopsy Reports Public in Massachusetts? (2026)

Massachusetts autopsy reports are not public records. That exemption is statutory: G.L. c. 38, § 2 provides that autopsy reports "shall not be deemed to be public records" and directs the Chief Medical Examiner to promulgate rules for releasing them to those legally entitled to receive them. Those rules are 505 CMR 1.00, under which the Office of the Chief Medical Examiner (OCME) releases an autopsy or toxicology report to a decedent's surviving spouse or next of kin, and may withhold it while a death is under active investigation by a district attorney.

Are Autopsy Reports Public in Massachusetts?

No. Massachusetts autopsy reports are not public records, and that status comes from the statute rather than from agency practice. G.L. c. 38, § 2 states that autopsy reports "shall not be deemed to be public records" and instructs the Chief Medical Examiner, with the approval of the Secretary of Public Safety, to promulgate rules for disclosing them to those legally entitled to receive them. Those rules are 505 CMR 1.00, which supplies the disclosure procedure; the regulation implements the exemption, it does not create it.

This sets autopsy reports apart from many other government documents. A general member of the public, a journalist, or a researcher cannot simply file a public records request and receive a copy.

Instead, the OCME releases a report only to the people and entities that the statute and 505 CMR 1.00 make eligible. For most families that is the surviving spouse or next of kin, but the rules also open several non-family channels, set out below. The office also reviews whether the case is still under investigation before releasing anything.

For a broader national overview of how access varies, see Are Autopsies Public Records?.

Who Performs Autopsies in Massachusetts?

Massachusetts uses a statewide medical examiner system, not county coroners. The Office of the Chief Medical Examiner, established under Massachusetts General Laws Chapter 38, is a state agency within the Executive Office of Public Safety and Security.

Massachusetts has a notable place in this history. In 1877 it became the first state in the nation to replace the lay coroner's office with a trained medical examiner.

When an Autopsy Is Performed

The Chief Medical Examiner has jurisdiction over a death that results from violence, from another unnatural cause, or from a natural cause that in the examiner's opinion requires further investigation. In practice, the OCME investigates deaths that are sudden, violent, suspicious, or unexplained.

Not every death in the OCME's jurisdiction leads to a full autopsy. The examiner decides whether an autopsy, an external examination, or toxicology testing is needed to determine the cause and manner of death.

Who Can Request a Massachusetts Autopsy Report?

The report is closed to the general public, but family members are not the only lawful recipients. Under 505 CMR 1.03, the OCME may provide a copy of an autopsy report to the surviving spouse or, if there is no legal spouse at the time of death, to the next closest living relative. G.L. c. 38, § 2 separately confirms that nothing in it stops the office from releasing the report to a surviving spouse, a person in the first degree of consanguinity, or, where neither exists, the person entitled to receive the body.

The office applies a next-of-kin priority order when deciding who may receive the report. That order generally runs: spouse, adult children, parents, siblings, grandparents, aunt or uncle, niece or nephew, cousins, and the legal guardian of the decedent at the time of death.

Because release is discretionary, the OCME may ask for documentation of your relationship to the decedent before sending a report. 505 CMR 1.03 conditions a family release on a written request and an affidavit verifying the requester's relationship to the decedent.

Other Lawful Recipients

505 CMR 1.04 through 1.08 and G.L. c. 38, § 2 recognize several channels outside the family:

• Civil litigation. Under 505 CMR 1.04, a party must show a court with jurisdiction over the case that the report likely contains information that is relevant, material, and necessary, and must obtain a court order. The OCME gets an opportunity to oppose disclosure.
• Investigatory bodies. Under 505 CMR 1.05, an investigatory body may receive a report it shows is relevant, material, and necessary to a complete and proper investigation of the death. Under 505 CMR 1.06, the office must provide a copy to the Attorney General or the District Attorney with lawful jurisdiction over the death investigation, upon request.
• Health care providers. Under 505 CMR 1.07, a medical peer review committee or a provider reviewing the care it gave the decedent may receive the report, and hospitals may receive it in hospital-death cases.
• Statistical authorities. Under 505 CMR 1.08, an authority compiling statistical data may receive the report or the information in it on a written showing of statutory need, and may publish only aggregate, de-identified data.
• Department of Mental Health. G.L. c. 38, § 2 requires the OCME to give the Commissioner of Mental Health a copy on request where the decedent received services within six months before death from a facility or program operated, contracted for, or licensed by the department, and no next of kin objects.

Attorneys and insurers acting outside these channels still need next-of-kin authorization or a court order. In the unnatural or suspicious death cases covered by 505 CMR 1.04, 1.05 and 1.07, the district attorney must also determine in writing that there is no objection to disclosure.

How to Get an Autopsy or Toxicology Report in Massachusetts

You request the report directly from the OCME using its official report request form. The legal next of kin should complete the appropriate form, sign it, and submit it to the office.

Where to Send the Request

Submit the completed form by email to CMEAdmins1@mass.gov, or by U.S. mail to: Office of the Chief Medical Examiner, ATTN: OCME Report Request, 720 Albany Street, Boston, MA 02118.

You can request the autopsy report, the toxicology report, or both on the form. Confirm the current form and any fee directly with the office, because procedures can change.

Processing Time

Most reports are completed in about 90 days. Toxicology and other specialized testing can extend that timeline, so a report may not be available immediately after a death.

The Pending-Investigation Hold

A key restriction applies to deaths that are still under investigation. In cases of unnatural or suspicious death where a district attorney is directing the investigation, the OCME releases a report only after the district attorney has determined, in writing, that there is no objection to disclosure.

This means a family member who is otherwise authorized may still have to wait. If the case remains open, the report can be held until the prosecuting authority clears its release.

Autopsy Report vs Death Certificate in Massachusetts

These are two different documents, and people often confuse them. The death certificate is the official vital record. It lists the certified cause and manner of death on a single line and is issued through the Registry of Vital Records and Statistics and city or town clerks.

The autopsy report is the medical examiner's detailed findings. It can include the examiner's observations, anatomic findings, and toxicology results that explain how the cause of death was reached.

For most legal and administrative tasks, such as settling an estate or claiming benefits, a certified death certificate is what you need. The autopsy report is a deeper clinical document with much tighter access rules. To order the vital record, see How to Get a Massachusetts Death Certificate.

Massachusetts Autopsy Report Facts

Disclaimer: This page provides general information about Massachusetts autopsy reports and is not legal advice. Rules, forms, and fees can change. Verify current requirements directly with the Office of the Chief Medical Examiner before submitting a request.

Sources

This page is based on official Massachusetts Office of the Chief Medical Examiner guidance, 505 CMR 1.00, and Massachusetts General Laws Chapter 38, § 2.

Back to Massachusetts Death Records or the full Death Records by State hub.