Are Autopsy Reports Public in Delaware? (2026 Guide)

Delaware autopsy reports are not public records. Under state law, only the legal next of kin can obtain a copy by written request, and insurers or attorneys need a signed, notarized authorization. Reports are also withheld while a criminal prosecution is pending. Delaware uses a statewide medical examiner system, not county coroners.

Are Autopsy Reports Public in Delaware?

No. In Delaware, autopsy reports, post-mortem examination reports, and laboratory (toxicology) reports are confidential and are not public records. They cannot be released to the general public the way a death certificate index entry might be.

This confidentiality is built into Delaware law. The Division of Forensic Science treats investigative information and autopsy reports as confidential, releasing them only to specific authorized people.

Because the report is not public, a curious member of the public, a journalist, or a distant relative generally cannot obtain a copy simply by asking. Access is limited to the legal next of kin and parties they authorize.

A general Freedom of Information Act (FOIA) request will not unlock a confidential autopsy report either. FOIA covers public records, and these forensic records fall outside that category.

Who Performs Autopsies in Delaware? (Medical Examiner vs Coroner)

Delaware uses a statewide medical examiner system, not a county coroner system. Death investigations are handled by the Office of the Chief Medical Examiner within the Division of Forensic Science, governed by Title 29, Chapter 47 of the Delaware Code.

This means there are no elected county coroners in Delaware. One centralized office, with a main facility in Wilmington and a southern facility in Georgetown that serves Kent and Sussex Counties, handles cases across all three counties.

The Chief Medical Examiner and the assistant and deputy medical examiners are physicians with forensic pathology training. An autopsy is performed when, in the medical examiner's judgment, it is necessary in the public interest.

When Is an Autopsy Performed?

The medical examiner investigates deaths that are sudden, violent, suspicious, or otherwise unexplained. Reportable circumstances include:

• Deaths by violence, suicide, or casualty (accident)
• Sudden deaths of a person in apparent good health
• Deaths from poison or suspected poisoning
• Deaths unattended by a physician
• Deaths related to anesthesia or a medical procedure
• Deaths in custody or in a penal institution
• Deaths from a suspected occupational disease or a threat to public health
• Any death occurring in a suspicious or unusual manner

Not every reported death leads to a full autopsy. The medical examiner decides whether an autopsy is needed to determine the cause and manner of death.

Who Can Request a Delaware Autopsy Report?

Only the legal next of kin and people they authorize can obtain a Delaware autopsy report. The right of next of kin to receive these records is set out in 29 Del. C. Section 4707(e).

The statute provides that, upon written request, the next of kin of the deceased shall receive a copy of the post-mortem examination report, the autopsy report, and the laboratory reports. That right pauses if a criminal prosecution is pending.

Insurance companies and attorneys can also obtain a report, but not on their own authority. Their request must include an authorization signed by the legal next of kin, and the Division generally requires that authorization to be notarized.

If you are not the next of kin and do not have written authorization from them, you will not be able to get the report. This protects the privacy of the deceased and the family.

How to Get an Autopsy or Toxicology Report in Delaware

Submit a written request to the Delaware Division of Forensic Science, which houses the Office of the Chief Medical Examiner. You can request a report by mail or through the Division's online request portals.

Your request should identify the decedent by full name, include the date of death if known, and state your relationship to the deceased. Insurance and legal requesters must attach a notarized Authorization for Release of Confidential Information signed by the next of kin.

Mailed requests go to: Delaware Division of Forensic Science, Attention: Request for Report, 200 S. Adams Street, Wilmington, Delaware 19801.

Fees and Processing Time

Autopsy reports are typically finalized within about 12 to 16 weeks, and requests are fulfilled after the report is completed. Toxicology and other laboratory results can affect this timeline, so plan for a wait of several months in some cases.

Fees for copies are modest and are set by the Division; the office can confirm the current charge when you submit your request. Always verify the exact fee and accepted payment methods with the office before mailing your request.

The Pending-Case Hold

If there is a related criminal prosecution, no autopsy report will be released until that prosecution has been finally concluded. This is a hard rule in the statute, not a matter of discretion.

Cases that are still under active investigation may also require additional approval from the Attorney General's office before any report is released. If your case involves a homicide or suspected crime, expect a longer wait.

Autopsy Report vs Death Certificate in Delaware

These are two different documents. The death certificate is a vital record that lists identifying details plus the cause and manner of death on a single line; the autopsy report is the detailed forensic examination behind that conclusion.

Death certificates are handled by the Delaware Division of Public Health, Office of Vital Statistics, and are available to qualified applicants. Autopsy reports are handled by the Division of Forensic Science and are confidential to next of kin.

If a death is initially certified as cause "pending," the medical examiner issues a revised death certificate once a final ruling is made. That revision can take weeks or months while testing is completed.

For the broader rules on which death records are open to the public, see our overview of whether Are Autopsies Public Records?

Delaware Autopsy Report Facts

Disclaimer: This page is general legal information, not legal advice. Rules, fees, and procedures change. Verify current requirements directly with the Delaware Division of Forensic Science before acting.

Sources

This guide is based on the Delaware Division of Forensic Science, the Delaware Code (Title 29, Chapter 47), and the CDC Public Health Law Program.

Back to Delaware Death Records or the Death Records by State hub.