Delaware Code Title 24. Professions and Occupations § 3121. Cremation or natural organic reduction

(a) If not previously identified, human remains may not be cremated or subjected to natural organic reduction until they have been identified by either the next-of-kin, the person authorized to make funeral arrangements, or the medical examiner.  This subsection does not apply to disposition of human remains by any school of anatomy, medicine, or dentistry.

(b) A natural organic reduction facility may not admit human remains under the following circumstances:

(c) Human remains designated for cremation must be transported to a crematory using a rigid, leak-resistant container which meets all of the following criteria:

(d) Human remains designated for natural organic reduction must be transported to a natural organic reduction facility using a leak-resistant container that maintains a secure closure for the respectful conveyance of the decedent.

(e) A person who knowingly engages a Delaware-licensed funeral establishment to arrange for the cremation or natural organic reduction of the deceased human remains shall also be responsible, following cremation or natural organic reduction, for the identification and arrangement of the final disposition of the human remains, in accordance with all applicable laws and regulations.  Failure to do so within 60 days of the date of death is grounds for the funeral establishment of record to submit notification to the Attorney General that the cremated remains or remains following natural organic reduction have been abandoned.

(f) 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 the 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 the cremated remains must be maintained by the funeral establishment of record.

(g) Human remains following natural organic reduction which have been unclaimed or abandoned for a period of more than 2 months from the date of completion of the natural organic reduction process may be disposed of in a cemetery or other natural, protected area under the ownership or control of the funeral establishment, in accordance with all applicable laws and regulations.  All expenses surrounding the disposition and disposal of the remains following the natural organic reduction process are at the sole expense of the authorizing party.