CODE OF VIRGINIA

PREREQUISITES FOR CREMATION (§ 54.1-2818.1)

No dead human body shall be cremated without permission of the Office of the
Chief Medical Examiner as required by § 32.1-309.3 and visual identification of
the deceased by the next-of-kin or his representative, who may be any person
designated to make arrangements for the disposition of the decedent’s
remains pursuant to § 54.1-2825, an agent named in an advance directive
pursuant to § 54.1-2984, or any guardian appointed pursuant to Chapter 20 (§
64.2-2000 et seq.) of Title 64.2 who may exercise the powers conferred in the
order of appointment or by § 64.2-2019, or, in cases in which the next of kin
or his representative fails or refuses to provide visual identification of the
deceased, by any other person 18 years of age or older who is able to provide
positive identification of the deceased. If no such next of kin or his
representative or other person 18 years of age or older is available or willing
to make visual identification of the deceased, such identification shall be made
by a member of the primary law-enforcement agency of the city or county in which
the person or institution having initial custody of the body is located,
pursuant to court order. When visual identification is not feasible, other
positive identification of the deceased may be used as a prerequisite for
cremation. Unless such act, decision, or omission resulted from bad faith or
malicious intent, the funeral service establishment, funeral service licensee,
crematory, cemetery, primary law-enforcement officer, sheriff, county, or city
shall be immune from civil liability for any act, decision, or omission
resulting from cremation. Nothing in this section shall prevent a
law-enforcement agency other than the primary law-enforcement agency from
performing the duties established by this section if so requested by the primary
law-enforcement agency and agreed to by the other law-enforcement agency.

HISTORY: 1998, c. 867; 2010, c. 377; 2011, c. 88; 2014, cc. 228, 355, 583; 2015,
c. 670.