Disposition of Human Remains: Custody, Transportation, Burial, Cremation, and Anatomical Gifts
Custody questions drive most of this domain: who holds the legal right to direct disposition, what authorization must exist, and which permit must travel with the body.
Right of disposition
New Jersey's priority list generally runs: surviving spouse or domestic partner; adult children; parents; siblings; then more remote next of kin, with a guardian or a person named in a written appointment where applicable. The person with priority makes the arrangements; a dissenting relative cannot override that authority without a court order.
Transport and permits
- A body moved out of state needs a transit or disposition permit from the local registrar; a body entering New Jersey needs its own permit from the originating state.
- Remains must travel in an enclosed, sanitary conveyance, with identification kept with the body.
Cremation
Cremation requires signed authorization from the person with the right of disposition (or the decedent's written direction), a disposition permit, medical examiner clearance where the death is reportable, and the statutory waiting period. Pacemakers and other hazardous implants must be removed. Only one body per retort; cremated remains must be returned in a labeled container.
Anatomical gifts
Under New Jersey's revised Uniform Anatomical Gift Act, a documented gift - registry, driver's license, will, or signed form - cannot be undone by family opposition; the funeral director must honor the gift and coordinate with the procurement organization.
Worked example. Two siblings disagree; one signs the cremation authorization while the other refuses. The home may proceed on the authorized signature after confirming priority and documenting the refusal, and should seek counsel if litigation is threatened.
Traps that cost marks: letting the person paying the bill decide disposition; cremating before the waiting period; forgetting the pacemaker.