Section 17-3012. DISPUTES OVER THE POSSESSION OF HUMAN REMAINS

 

3012.1Whenever funeral directors or funeral services establishments have a difference of opinion concerning their legal right to take possession of human remains, they shall refer the matter to the chairperson of the Board for a decision.

 

3012.2The funeral director or funeral services establishment retained by the individual standing highest in the following order of priority shall be entitled to take possession of the human remains in disputes:

 

(a)Spouse;

 

(b)Adult child;

 

(c)Parent;

 

(d)Adult sibling;

 

(e)Adult grandchild;

 

(f)Adult nephew or niece;

 

(g)Grandparent;

 

(h)Adult uncle or aunt;

 

(i)Adult child of an uncle or aunt;

 

(j)Great-grandparent;

 

(k)Sibling of a grandparent;

 

(l)Relative of the spouse of the deceased, in accordance with the preceding order of priority; or

 

(m)Adult friend or volunteer.

 

3012.3The oldest member of a class has a prior claim over other members of the same class.

 

3012.4For the purposes of this section, the term "adult" means a person who is eighteen (18) years of age or older.

 

source

Final Rulemaking published at 35 DCR 2904, 2913 (April 22, 1988).