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S.D. Codified Laws § 34-26A-31

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

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

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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.