The perinatal necropsy is an important investigation following fetal o
r neonatal loss. Legal requirements on registration decree that consen
t is needed before necropsy can proceed in some of these babies. Howev
er, there are ill-defined grey areas which are open to legal and ethic
al difficulties. This paper discusses the problems that can arise with
consent for a necropsy in the perinatal period. Some of these problem
s are clearly legal or ethical but all can cause distress to parents a
t a time of grief and bereavement. The issues may not be readily resol
ved but public debate and ad hominem decisions on each perinatal loss
may help to alleviate the problems.