South Dakota Codified Laws 34-26A-31. Refusal to accept remains or cremate–Grounds–Immunity
A crematory may refuse to accept a decedent for or perform a cremation if:
(1) It is aware of any dispute concerning the cremation;
Terms Used In South Dakota Codified Laws 34-26A-31
- Decedent: A deceased person.
(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.
Source: SL 1988, ch 283, § 31; SL 2023, ch 129, § 25.