S.D. Codified Laws § 34-26A-31

Current through the 2024 Legislative Session

Section 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.

SDCL 34-26A-31

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

Amended by S.L. 2023, ch. 129,s. 25, eff. 7/1/2023.