(a) Where not previously identified, human remains may not be cremated until they
have been identified by either the next-of-kin, the person authorized to make funeral
arrangements, or the medical examiner. This subsection shall not apply to disposition of human remains by any school of
anatomy, medicine, or dentistry.
(b) Human remains shall be transported to a crematory using a rigid, leak-resistant
container which meets all of the following criteria:
(1) Is made of readily combustible material.
(2) Is of sufficient strength and rigidity for ease of handling.
(3) Complies with all local, state, and federal governmental emissions regulations.
(4) Is not composed of metal or polyethylene.
(5) Maintains a secure closure for the respectful conveyance of the decedent.
(c) A person who knowingly engages a Delaware-licensed funeral establishment to arrange
for the cremation of the deceased human remains shall also be responsible, following
cremation, for the identification and arrangement of the final disposition of said
human remains. Failure to do so within 60 days of the date of death shall be grounds for the funeral
establishment of record to submit notification to the Attorney General that the cremated
remains have been abandoned.
(d) Cremated remains which have been unclaimed or abandoned for a period of more than
12 months from the date of death may be disposed of in a cemetery of the funeral establishment’s
choice, in a manner so as to permit the return of said cremated remains to the appropriate
authorized individual at a future date. All expenses surrounding the disposition and subsequent retrieval of the cremated
remains shall be at the sole expense of the authorizing party. A record of the disposition of said cremated remains must be maintained by the funeral
establishment of record.
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