AboutLisa Carlson Expertise Funeral Law. Having written a 640-page book on funeral law for consumers with state-by-state information, I am very conversant with consumer rights in this regard: What are the laws on disposition of cremated remains? Is embalming required? Do I have to use a funeral home? Can I have a home wake? Is it a state law to buy a vault? I prepaid for a funeral but changed my mind. They won`t give me all my money back. What can I do? . . . etc.
Expert: Lisa Carlson Date: 7/2/2008 Subject: several questions
Question I have several questions, and if you can give me legal backing for them, I will be glad to pay for the the advice.
Recently (1 year ago) my 15 y.o. son died. We had him buried at a church cemetery. Here are my questions( as are relative to the state of Georgia;
1) I would very much like to have him moved to our 18 acre private property so I can talk, share, and be with him every day. Can I do this? If so, what steps do I need to take?
2) Do I need to acquire any special license etc?
3) Who do I need to contact first to have this done? Local municipality, the Church, or what?
Thank you!
Answer Here is the GA statute on disinterments--
*** Current through the 2007 Regular Session ***
TITLE 31. HEALTH
CHAPTER 10. VITAL RECORDS
O.C.G.A. § 31-10-20 (2007)
§ 31-10-20. Permits for disposition, disinterment, and reinterment
(a) The funeral director or person acting as such or other person who first assumes custody of a dead body or fetus shall obtain a disposition permit for cremation or removal from the state. A disposition permit may be required within the state by local authorities.
(b) Such disposition permit shall be made available by the local registrar of the county where the death or fetal death occurred, or body or fetus was found, 24 hours a day, seven days a week. The registrar will issue a disposition permit immediately upon request from the licensed funeral director or his agent in charge of the body or fetus. The request for a disposition permit may be received by the registrar either orally or in writing. The registrar may respond to the request by any means utilized in the normal course of transacting business including, but not limited to, transmission by facsimile machine.
(c) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state.
(d) Prior to final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director or person acting as such, the person in charge of the institution, or other person assuming responsibility for final disposition of the fetus shall obtain from the parent(s) authorization for final disposition.
(e) Disposition permits shall not be required where disposition of fetal remains is within the institution of occurrence and a registry of such events is maintained by the institution.
(f) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. Such authorization shall be issued by the local registrar to a licensed funeral director or other person acting as such, upon proper application, in the county in which the dead body or dead fetus was originally interred and a local registrar who issues such authorization shall not be civilly or criminally liable therefor if it is issued in good faith. A permit shall not be required when disinterment and reinterment are in the same cemetery.
"Registrar" is usually a local town clerk or possibly a county health department. That's a little bit different all over the country, so you'll just have to ask who the local "registrar" is. There should be no reason for them to object.
YES, you can be the "person acting as such." Families in GA do not have to hire a funeral director, although you might appreciate the help from one, especially if the casket has started to deteriorate. It could be rather messy. There's no way to tell ahead of time. If you run into trouble from people who doubt your right to do this, you can give me a call--802-482-3437. My direct e-mail is lisa@funeralethics.org
As for setting up space on your own land, draw a map of the land showing where the family cemetery will be and pay to have it recorded with the deed. A good practice is 150 ft. from a water supply and 25 ft. from a power line or boundary. The statutes are silent on family graveyards, but that would be a prudent step to take. Given that they already exist all over the state in every state, I think you're safe to assume that you, too, have this right and should simply proceed without questioning it.
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Merry,
I forgot to ask: Do you have other children? It might be important to include them and make sure that your grief over losing one doesn't distance you from the others.
