(a) A body may be cremated only after the preparation of a special cremation permit signed by the chief medical examiner or an assistant or deputy medical examiner. In the presentation of the cremation permit to the chief medical examiner or the chief medical examiner's representative for signature, the permit must be accompanied by a death certificate signed by the attending physician and by a cremation authorization signed by the next-of-kin or legal representative of the deceased. The signature of the chief medical examiner or the chief medical examiner's representative to the cremation permit shall constitute an affirmation that there is no medical reason why the cremation should not take place. The chief medical examiner or an assistant or deputy medical examiner shall have the authority to hold the remains of the deceased pending any investigation into the cause and manner of death.
(b) One copy of the cremation permit shall be retained by the person, firm, corporation or association conducting the crematory and shall be produced for inspection or other purposes when asked for by the inspecting authority. A second copy of the cremation permit shall accompany the death certificate when it is filed in the Office of Vital Statistics.
Structure Delaware Code
Chapter 31. REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, DIVORCES, ANNULMENTS AND ADOPTIONS
Subchapter III. Burial, Removal or Cremation of Dead Bodies
§ 3151. Permit for removal, burial or other disposition; foreign permits; prerequisites for permit.
§ 3152. Burial/transit permits for shipment of corpses — Required.
§ 3153. Disinterment — Rules and regulations.
§ 3154. Authorization for disinterment and reinterment.
§ 3155. Permits for disinterment of bodies buried in Kent or Sussex County before January 1, 1893.
§ 3156. Disinterment from condemned land.
§ 3157. Cremation; prohibited except in licensed crematory.
§ 3158. Crematory; approval for construction; requirements; inspection.
§ 3159. Permit for cremation; issuance, retention and inspection.
§ 3161. Delivery, transportation and disposal of ashes.
§ 3162. Witnesses at cremation.
§ 3163. Permit where death occurs in this State and cremation takes place elsewhere.
§ 3164. Cremation in this State when death occurred elsewhere.