Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 500 - ILLINOIS VITAL RECORDS CODE › Section 500.50 - Death Reporting, Transportation and Disposition of Dead Human Body

Current through Register Vol. 48, No. 28, July 12, 2024
a) A local
			 registrar may issue a Permit for Disposition of Dead Human Body to a funeral
			 director authorizing a hospital to incinerate a dead fetus (a product of
			 gestation of 20 or more weeks) or the body of an infant who dies immediately
			 after birth and prior to release from the hospital. This permit may be issued
			 only by a local registrar to a funeral director upon the filing of the
			 appropriate death or fetal death certificate.
b) A local registrar may issue a Permit for
			 Disposition of Dead Human Body authorizing the parents of a dead fetus or
			 deceased infant to bury the body in a private burial plot, if requested by a
			 funeral director. This permit may be issued only to the funeral director and
			 only upon the presentation of a completed Certificate of Death or Fetal
			 Death.
c) A Permit for Disposition
			 of a Dead Human Body authorizing disinterment is required prior to the
			 disinterment of a dead human body or fetus. The same permit may also authorize
			 transportation of the body by common carrier, if desired. The permit shall be
			 issued by the local registrar of the Local Registration District in which the
			 disinterment is to be made and shall be issued only to a funeral director. The
			 application for disinterment shall be signed by the surviving spouse of the
			 decedent or, if none, a surviving adult child of the decedent or, if no
			 surviving spouse or adult children, then a parent or sibling of the decedent.
			 If the surviving spouse, surviving adult child, adult children, or a parent or
			 adult sibling of the decedent does not consent, a court order will be required.
			 If the applicant is a surviving adult child and there is no surviving spouse,
			 all other surviving adult children, except for the applicant, must either sign
			 the application for disinterment or be notified by Certified U.S. Mail prior to
			 the issuance of the permit for disinterment. When notification of a
			 disinterment request is required, the local registrar in the registration
			 district where the remains are currently located shall send the notification by
			 certified mail. This notification shall include a copy of the requestor's
			 completed disinterment/reinterment application (VR 207). The notification will
			 indicate that the surviving relative's signature on the copy of the application
			 included with the certified mail is required to approve the disinterment
			 request. The notification shall also indicate the disinterment request will not
			 be approved unless the surviving relative's signature is on the application and
			 returned to the local registrar within 30 days of the date on the certified
			 notification. Investigations conducted by the coroner, medical examiner,
			 state's attorney or any other related law enforcement official do not require
			 the signature or approval from the next of kin, and the application for
			 disinterment must be signed by the coroner, medical examiner, state's attorney
			 or other related law enforcement official, or by order of the Illinois Circuit
			 Court. If multiple bodies or an entire cemetery is to be disinterred, the local
			 registrar may issue a single Permit for Disposition of Dead Human Body to a
			 funeral director, to which a complete list, as far as possible, of the identity
			 of all the bodies is to be attached. The Permit for Disposition of Dead Human
			 Body authorizing disinterment shall also show the final disposition of the body
			 or bodies. If the disinterred remains are to be cremated, the medical examiner
			 or coroner in the county of disinterment shall have the authority to issue a
			 cremation permit.
1) Disinterred human remains
			 shall not be transported within the State unless accompanied by a Permit for
			 Disposition of Dead Human Body. The transportation of disinterred remains by
			 common carrier or by private conveyance is subject to the requirements of
			 subsections (e)(1) through (6) that apply to any dead human body. The remains
			 of repatriated U.S. war dead may be transported within Illinois on the basis of
			 the burial-transit permit issued at the point of origin. The permit shall be
			 exchanged for an Illinois Permit for Disposition of Dead Human Body prior to
			 interment or cremation in Illinois (see subsection (d)(6)).
2) Disinterred human remains shall not be
			 reinterred within the State except as authorized by a Permit for Disposition of
			 Dead Human Body.