Disposition of Human Remains: Custody, Transportation, Permits, and Cremation Authorization
Right to control
The Act and related Oklahoma law establish who controls disposition: a person designated in a written instrument by the decedent, then the surviving spouse, then adult children (or a majority of them), then parents, then siblings, then a guardian or personal representative, then the next of kin. The funeral director should obtain a signed authorization identifying the authorizing person and relationship.
Permits and transport
Before final disposition or movement out of the jurisdiction, the funeral director must obtain a burial-transit permit from the local registrar where the death certificate is filed. The permit accompanies the remains, is endorsed by each sexton or crematory, and is filed with the record. Transport remains in a secure, covered container; maintain dignity and confidentiality.
Cremation
Cremation requires a separate written cremation authorization signed by the person with the right of control, identification of the remains, confirmation that no pacemaker or hazardous implant remains, a permit, and compliance with any waiting period. The crematory must follow Board and health rules.
Worked example
The spouse wants burial; the decedent's adult daughter wants cremation and presents a note the decedent wrote years ago. Reasoning: a valid written designation by the decedent controls over both. If the note is not a valid written instrument, the spouse has priority over the adult child, and the director documents the dispute and does not release the remains without authority.
Traps
Releasing remains to a boyfriend or friend without priority; cremating on an oral request; moving remains across state lines without a permit; failing to get the authorizing signature; ignoring a valid written designation.