South Dakota § 34-26A-31 Refusal to accept remains or cremate--Grounds--Immunity.

South Dakota Statutes

§ 34-26A-31 — Refusal to accept remains or cremate--Grounds--Immunity.

South Dakota § 34-26A-31

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-24CCREMATORIES AND CREMATIONS

This text of South Dakota § 34-26A-31 (Refusal to accept remains or cremate--Grounds--Immunity.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34-26A-31 (2026).

Text

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.

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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.