34-26A-31. Refusal to accept remains or cremate--Grounds--Immunity.

A crematory may refuse to accept a decedent for or perform a cremation if:

(1)    It is aware of any dispute concerning the cremation;

(2)    It has reasonable grounds to question any representation made in the authorization to cremate form; or

(3)    It has any other lawful reason.

A crematory shall accept a decedent for and perform a cremation upon receiving an order from a court directing the activity or upon receipt of sufficient documentation indicating that any dispute or other ground or reason for the initial refusal has been resolved.

A crematory is immune from liability for refusing to accept a decedent for cremation and for refusing to perform a cremation, in accordance with this section.

Source: SL 1988, ch 283, § 31; SL 2023, ch 129, § 25.