A form authorizing cremation must:

(1) Contain the decedent‘s name and the manner in which the decedent’s identity was verified;

Terms Used In South Dakota Codified Laws 34-26A-6.1

  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Contain the name of the crematory and the person accepting the authorization to cremate on behalf of the crematory;

(3) Indicate the auspices under which the person is authorizing the cremation, as set forth in § 34-26-75;

(4) Provide for a statement indicating that the person authorizing the cremation:

(a) Has no knowledge of any other person with a superior right to authorize the cremation, as provided for in § 34-26-75; or

(b) Has knowledge of another person with a superior right to authorize the cremation, as provided for in § 34-26-75, has made a reasonable effort but been unable to contact that other person, and has no reason to believe that the other person would object to the authorization of a cremation;

(5) Provide for a question regarding knowledge of any pacemaker, defibrillator, or other device or implant that might:

(a) Pose a hazard to the health or safety of crematory personnel; or

(b) Cause damage to the cremation chamber;

(6) Indicate whether the cremation is to include the casket or an alternative container in which the decedent was delivered to the crematory;

(7) Include the name of any person authorized to witness the cremation;

(8) Include the name of the person who is to receive the cremated remains;

(9) Include instructions regarding the manner in which any personal property delivered to the crematory with the decedent’s remains are to be handled;

(10) Include instructions for the disposition of the cremated remains, in accordance with the provisions of this chapter or directives set forth in a pre-need cremation contract;

(11) Include an attestation, by the person authorizing the cremation, indicating that to the best of his or her knowledge, all statements and information contained in the authorization are accurate; and

(12) Include a statement specifically authorizing the cremation of the decedent and the processing and disposition of the remains in accordance with the directives set forth in the form.

A crematory may not proceed with the cremation of a decedent until the authorization form has been completed in accordance with the requirements of this section.

The crematory shall retain each authorization form required by this section in accordance with the record retention provisions set forth in § 34-26A-25.1.

Source: SL 2023, ch 129, § 9.

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