2006 Code of Virginia § 54.1-2808.1 - Disposition of cremains

54.1-2808.1. Disposition of cremains.

A funeral director may dispose of the cremains of an individual by interment,entombment, inurnment, or by scattering of the cremains, if after ninety daysfrom the date of cremation, the contracting agent has not claimed thecremains, or instructed the funeral director as to final disposition. Thefuneral director shall keep a permanent record of all cremains whichidentifies the method and site of final disposition. The costs and allreasonable expenses incurred in disposing of the cremains shall be borne bythe contracting agent. Upon the disposition of the cremains, the funeraldirector shall not be liable for the cremains or for the method of finaldisposition. Any funeral director in possession of unclaimed cremains priorto July 1, 1993, may dispose of such cremains in accordance with theprovisions of this section. However, no funeral director shall, withoutwritten permission of the contracting agent, dispose of cremains in a manneror a location in which the cremains of the deceased are commingled, except inthe scattering of cremains at sea, by air, or in an area used exclusively forsuch purpose, or place, temporarily, the cremains of persons in the samecontainer or urn.

For the purposes of this section, "contracting agent" means any person,organization, association, institution, or group of persons who contractswith a funeral director or funeral establishment for funeral services.

(1993, c. 531.)