2021 Georgia Code
Title 31 - Health
Chapter 21 - Dead Bodies
Article 2 - Disposition of Unclaimed Dead Bodies
§ 31-21-21. Delivery to Board of Certain Unclaimed Bodies

1. All public officers of this state and their assistants and all officers and their deputies of every county, city, town, or other municipality and of every prison, county correctional institution, morgue, public hospital, health care facility, except the Central State Hospital which institution shall have authority to perform autopsies on the dead bodies of persons dying as patients therein in the discretion of the superintendent and medical staff of the institution, having control over any dead human body not dead from contagious or infectious disease and required to be buried at public expense are required to notify the board created under Code Section 31-21-20 or such person as may from time to time be designated in writing by such board for distribution or its duly authorized officer whenever any such body comes into their possession or control. Such officers shall, without fee or reward, deliver the body and allow such board and its duly authorized agents who may comply with this chapter to remove such body and to provide for its use only within this state, solely for the advancement of medical science. No such notice shall be given nor shall any such body be delivered if any person, claiming to be and satisfying the authorities in charge of the body that he or she is of any degree of kin, or is related by marriage to, or socially or otherwise connected with and interested in the deceased, shall claim the body for burial, cremation, or other proper disposition; but it shall be at once surrendered to such person or shall be buried at public expense at the request of such claimant if a relative by blood or a connection by marriage and financially unable to provide burial, cremation, or other proper disposition.
2. A body described in subsection (a) of this Code section shall in each and every instance be held and kept by the person or persons having charge or control of it for at least 24 hours after death, before delivery to such board or its agent for distribution, during which period notice of the death of such person shall be posted at the courthouse door of the county in which such body is held.

(Ga. L. 1887, p. 87, § 2; Civil Code 1895, §§ 1512, 1514; Civil Code 1910, §§ 1756, 1758; Ga. L. 1918, p. 114, § 1; Ga. L. 1920, p. 130, § 1; Code 1933, §§ 88-702, 88-704; Code 1933, §§ 88-2702, 88-2704, enacted by Ga. L. 1964, p. 499, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

State hospital's discretion to comply with provisions.

- While it was the intention of the General Assembly to exempt a state hospital from provisions of the Act, and from requirements of this section, superintendent and medical staff of the institution have discretion of complying with requirements and of delivering bodies to distribution board to be used by schools and colleges, and if such bodies are unclaimed by any relative for purpose of burial, state hospital authorities should, insofar as it does not impede their work of promoting science in line of their study and work, comply with the requirements of this Code section. 1945-47 Op. Att'y Gen. p. 521.

- If body of inmate is not claimed, notice should be posted on courthouse door for 24 hours, and notice should be given to board and body delivered as directed by board. 1965-66 Op. Att'y Gen. No. 66-84.

- When body of inmate is claimed by relative, or person connected by marriage, in financial straits, such person should be advised that, upon request, the body will be buried at public expense, or that such person may execute a consent; if such consent is executed, the board should be notified and the claimant may then negotiate with a school or college which receives the body. 1965-66 Op. Att'y Gen. No. 66-84.

- When inmate donates the inmate's body by will, and the body is not claimed, notice should be posted on the courthouse door for 24 hours and the board should be notified of the name of school or college specified by the inmate in the inmate's will. 1965-66 Op. Att'y Gen. No. 66-84.

- When an inmate donates the inmate's body by will, and body is claimed by the proper claimant, the claimant should be advised that the body will be buried at public expense and that claimant should execute a consent to disposition to an institution; if consent is executed, the board should be notified of name of school or college specified by inmate in the inmate's will. If consent is not executed, the body should be buried, either at the expense of the claimant or at public expense, as case may be, notwithstanding the will. 1965-66 Op. Att'y Gen. No. 66-84.

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Coroners or Medical Examiners, §§ 5, 10, 14. 22A Am. Jur. 2d, Dead Bodies, §§ 10 et seq., 17 et seq., 26, 27, 43, 45 et seq., 119 et seq.