§ 62-5-502 — Cremation of fetal remains

(a) An operator of a crematory facility shall not: (1) Cremate fetal remains without receiving a copy of a properly executed form described in § 39-15-219(m)(1)(C) ; (2) Dispose of cremated fetal remains by a means other than one (1) of the following: (A) Placing the cremated fetal remains in a grave, crypt, or niche; (B) Scattering the cremated fetal remains in a dignified manner, including in a memorial garden, at sea, by air, or at a lawful scattering ground; (C) Releasing the cremated fetal remains to the woman who obtained an abortion or a party designated by the woman; or (D) Any other lawful manner; (3) Arrange for the disposal of cremated fetal remains by a means other than the methods described in subdivision (a)(2); or (4) Arrange for the transfer of the cremated fetal remains for disposal by a means other than the means described in subdivision (a)(2). (b) An operator of a crematory facility is not required to secure a death certificate, burial permit, transportation permit, or a cremation authorization form to cremate fetal remains.

Legislative History

Added by 2021 Tenn. Acts, ch. 348, s 2, eff. 5/6/2021.