Are Autopsy Reports Public in New York? (2026 Guide)

New York autopsy reports are not open public records. Under New York County Law and the Office of Chief Medical Examiner's policies, an autopsy report is released to the deceased's next of kin, surviving spouse, or estate representative, not to the general public. Cases under active criminal investigation can be withheld until the prosecutor clears release.

Are Autopsy Reports Public in New York?

No. A New York autopsy report is not a record that any member of the public can freely obtain. New York treats the report as a confidential medicolegal document released to a limited group of eligible people.

Outside New York City, County Law 677(3)(b) lets the personal representative, surviving spouse, or next of kin of the deceased apply to the coroner or medical examiner for a copy of the autopsy report. New York City is carved out of that article: County Law 670 makes Article 17-A inapplicable to a county where it conflicts with an administrative code, county government law, or charter, and the New York State Committee on Open Government has explained that New York City Charter 557(g), not County Law 677, controls records held by the Office of Chief Medical Examiner. The practical result for a family is the same.

The Freedom of Information Law does not open either route. FOIL lets an agency withhold records specifically exempted from disclosure by state or federal statute under Public Officers Law 87(2)(a), and County Law 677(3)(b) outside the city, or Charter 557(g) inside it, supplies that exemption. Someone outside the eligible circle must instead petition a court of record and show a substantial interest, and the court may grant or deny access, especially while an investigation is open.

This is different from a death certificate, which is also access-restricted in New York but handled by the vital records system rather than the medical examiner.

Who Performs Autopsies in New York? (ME vs Coroner; When an Autopsy Happens)

New York uses a county-based system that includes both coroners and medical examiners. Some counties elect coroners, while others have abolished the coroner office and appointed a medical examiner instead, per the CDC summary of New York coroner and medical examiner laws. New York City's deaths are handled by the Office of Chief Medical Examiner (OCME).

Under County Law 673(1), a coroner or medical examiner has jurisdiction to investigate any death in the county that appears to be a violent death, a death caused by an unlawful act or criminal neglect, a death occurring in a suspicious, unusual or unexplained manner, a death while unattended by a physician, or the death of a person confined in a public institution other than a hospital, infirmary or nursing home. New York City's Office of Chief Medical Examiner operates under the City Charter rather than this article. Not every death gets an autopsy. The investigator decides whether a full autopsy, an external exam, or toxicology testing is needed to determine the cause and manner of death.

When a death falls under this jurisdiction, the office can order an autopsy. In limited situations such as homicide, an immediate public-health threat, or a court order, an autopsy may proceed even over a family's objection after the office notifies next of kin.

Who Can Request a New York Autopsy Report?

The people entitled to request an autopsy report are tied to their relationship to the deceased. New York County Law authorizes the personal representative, surviving spouse, or next of kin to apply for a copy of the autopsy records.

In New York City, the OCME releases the autopsy report to a legal family member, the next of kin, or an officer of the court. County medical examiner offices follow the same idea, releasing reports to legal next of kin in a priority order such as the surviving spouse or estate executor first, then adult children, parents, and siblings.

If you are not next of kin (for example, a journalist or researcher), you are not automatically entitled to the report. Under County Law 677(3)(b) your route is to petition a court of record and demonstrate a substantial interest in the records, and a substantial-interest showing is the same route New York City Charter 557(g) sets for OCME records. A Freedom of Information Law request does not get around either provision, because Public Officers Law 87(2)(a) lets an agency withhold records a statute exempts. Access is especially restricted for an open case.

How to Get an Autopsy or Toxicology Report in New York (Office, Fee, Processing, Pending-Case Hold)

Start with the office that has jurisdiction over the death. For a death in New York City, that is the OCME; for other counties, it is the county coroner or medical examiner's office.

In New York City, eligible family members and next of kin submit the OCME Records Request (Family/Next of Kin) webform or the downloadable form. The autopsy report, which includes the referenced laboratory and toxicology findings, is provided free of charge to next of kin. If you want it sent to a third party such as an attorney or insurer, your signature on the manual form must be notarized.

Processing takes time because the report is not final until testing is complete. Most reports are ready within roughly 90 days, and fulfilling a request can take about 3 to 6 months. County offices vary, and some charge a fee when an attorney or insurance company requests the report on a family's behalf, even when it is free to the next of kin directly.

Expect a hold on open cases. If the death is a homicide or remains under active criminal investigation, the office may not release the report without permission from the District Attorney's Office. For background on how these records are treated across the country, see Are Autopsies Public Records?

Autopsy Report vs Death Certificate in New York

These are two separate documents from two separate systems. The death certificate is the official legal record of the death and includes a cause-of-death line; it is issued and access-controlled through New York's vital records system.

The autopsy report is the medical examiner's or coroner's detailed findings, including examination results and toxicology, explaining how and why the person died. You may need the death certificate to settle an estate or claim benefits, while the autopsy report is usually sought to understand the medical or forensic details. For the certificate and other related records, start at New York Death Records.

New York Autopsy Report Facts

Disclaimer: This page is general information, not legal advice. Eligibility, fees, and processing times vary by county and change over time. Confirm the current rules and forms with the specific coroner or medical examiner's office that handled the death before you rely on them.

Sources

This page draws on the New York County Law death-investigation statutes (sections 670, 673 and 677), Public Officers Law 87, a New York State Committee on Open Government advisory opinion on New York City Charter 557(g), the CDC summary of New York coroner and medical examiner laws, and the New York City Office of Chief Medical Examiner records-request guidance.

Up to New York Death Records and the Death Records by State hub.