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Funerals/Cremation law in Florida


I have a friend who had her son adopted back when he was a teenager.  He was 25 and living with his biological father when his mother and adopted father divorced.  he had nothing to do with the adopted father after several years.  now 2 years after they divorced, the son was found dead last week.  the mother and biological father are friendly (and have been for several years).  They went to an Orlando funeral home to set up services and cremation, and were told because he was not the legal father, that they would have to contact the legal father to get permission. The boy would not want his adopted father to have anything to do with this.  Now, the adopted father said he will only give permission if him and his new wife can have a private viewing before the family does.  if the boy is now 27 and was an adult when they divorced, why does he have a say so in this matter?


The laws in Florida may be that when a unmarried person (I am assuming he was unmarried) dies, both of the parents have legal right to direct the disposition of the body. In this case, the young man is survived by his biological Mother and adoptive Father, who are his legal next of kin and would have the right to authorize the cremation.

My best advise to make sure of who is the legal next of kin (As it varies from state to state) is to contact the Florida Board of Funeral, Cemetery and Consumer Services.

I hope this helps,

Erin Phelps


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Erin Phelps


I can answer any questions about funerals,embalming, cremation, green burial, home funerals, burial on your own land, scattering of cremated remains and any other death related questions you may have.


I have worked in the death care industry since 1977, owning my own funeral home since 1990. I worked as an EMT at a funeral home based ambulance service for 6 years gain much experience there. When I opened my funeral home, my goal was to provide honest, straightforward, significant and affordable services to the families who called upon me for my services. Since Sept. 2008, I have served as a member of the Oregon State Mortuary & Cemetery Board, which regulates the operation of mortuarys and cemeteries in Oregon. I have been a regular attendee and speaker at various funeral related seminars over the years and am a frequent contributor to "Mortuary Management" magazine. I was one of the first funeral directors in Oregon to offer "Green" or "Natural" burial services and to offer assistance to families who wish to take care of their own family members at home. I also have vast experience in the repatriation of a deceased to their country of origin.

Oregon Funeral Directors Association, International Cemetery, Cremation & Funeral Association, Cremation Association of America, Funeral Ethics Association Natural End Funeral Services - Charter Member.

Mortuary Management Funeral Monitor Funeral Service Insider

Attended the University of Oregon Associates of Science Degree - Mt. Hood Community College, Gresham, Oregon

Awards and Honors
Top 10 Eye Enucleators in Oregon. Nationally Board Certified Funeral Director/Embalmer Honored in "Funeral Monitor", Aug. 2007 for my business practices.

Past/Present Clients
Since 1990, I have served over 10,000 families, requesting the gamute of services ranging from the simplest to the most elaborate. Servicing christian, jewish, muslim, buddhist, hindu and humanists, along with families from every continent in the world.

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