Refusal to accept remains or cremate--Grounds--Immunity

SDCL § 34-26A-31 — under CREMATORIES AND CREMATIONS.

SDCL § 34-26A-31

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.