2025 Delaware Code
Title 16 - Health and Safety
Chapter 31. REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, DIVORCES, ANNULMENTS AND ADOPTIONS
Subchapter III. Burial, Removal, Cremation, or Other Disposition of Dead Bodies [For application of this subchapter, see 84 Del. Laws, c. 261, § 16]
§ 3154. Authorization for disinterment and reinterment.

(a) Authorization. — A permit for disinterment and reinterment of a dead body or fetus shall be issued by the State Registrar upon receipt of a notarized application/authorization signed by the next-of-kin and the person who is in charge of the disinterment, or upon receipt of an order of a court of record of this state directing such disinterment, or upon notarized written application of the Attorney General to request a special disinterment permit for legal purposes.

(b) Mass disinterment and reinterment. — Upon receipt of a court order, a signed and notarized permission of the next-of-kin of all decedents, or a signed and notarized application for disinterment for legal purposes, the State Registrar may issue 1 permit for disinterment and reinterment of all remains in a mass disinterment provided that, insofar as possible, the remains of each body be identified and the place of disinterment and reinterment specified.

(c) Nature of permit. — The authorization issued in accordance with the statutes and regulations governing disinterment shall be permission for disinterment, transportation and reinterment.

(d) Fee for permit. — The Department shall receive a fee not to exceed $10 for each disinterment/reinterment permit issued.