2024 Delaware Code
Title 24 - Professions and Occupations
Chapter 31. FUNERAL SERVICES
Subchapter III. Other Provisions
§ 3121. Cremation.
(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.
66 Del. Laws, c. 225, § 1; 71 Del. Laws, c. 460, § 1; 80 Del. Laws, c. 194, § 3;
