How Do I Exhume a Body in New Jersey?
Full Question:
Answer:
Please see the following NJ statute:
45:27-23 Removal of remains from interment space.
a. Except as otherwise provided in this section, or pursuant to court
order, human remains shall not be removed from an interment space
unless:
(1) the surviving spouse, adult children and the owner of the interment
space authorize removal in writing;
(2) removal is authorized by a State disinterment permit issued
by the local board of health; and
(3) the cemetery finds that removal is feasible.
b. No disinterment permit is required:
(1) for the temporary removal or repositioning of vaulted human remains
to allow for the deepening of an interment space within the same lot;
(2) for the transfer of temporarily stored remains from the place of
temporary storage to the place of final interment within the same
cemetery in accordance with applicable law;
(3) for the removal of cremated human remains. However, prior consent
shall be obtained from the interment space owner and the person having
the right to control the removal of the decedent's remains.
c. Human remains buried on property that is not part of a cemetery may
be removed by the owner of the property provided that removal is in
compliance with applicable law and the remains are then properly
re-buried in a cemetery.
d. A person who signs an authorization for the disinterment of human
remains warrants the truth of the facts stated and the authority to order
the disinterment. The person shall be liable for damages caused by a
false statement or breach of warranty. A cemetery or funeral director
shall not be liable for disinterment in accordance with the authorization
unless it had reasonable notice that the representations were untrue or
that the person lacked the right to control the disinterment. An action
against a cemetery company relating to the disinterment of human remains
shall not be brought more than one year from the date of disinterment.