144.34 Disinterment — permit.
1. a. Disinterment of a dead body or fetus, without a court order, shall be allowed for the purpose of autopsy or reburial only, and then only if supervised by a funeral director.
b. Disinterment of cremated remains, without a court order, shall be allowed, but only if supervised by a funeral director.
c. The state registrar, without a court order, shall not issue a permit without the consent of the person authorized to control the decedent’s remains under section 144C.5.
2. a. Disinterment of a dead body or fetus for the purpose of reburial may be allowed by court order only upon a showing of substantial benefit to the public, and then only if supervised by a funeral director.
b. Disinterment of a dead body or fetus for the purpose of autopsy by court order shall be allowed only when reasonable cause is shown that someone is criminally or civilly responsible for such death, after hearing, upon reasonable notice prescribed by the court to the person authorized to control the decedent’s remains under section 144C.5, and then only if supervised by a funeral director.
c. Disinterment of a dead body or fetus for the purpose of cremation may be allowed by court order only if supervised by a funeral director. Subsequent to the disinterment, cremation of the body shall only be allowed upon a determination by the state or county medical examiner that the death was due to natural causes.
3. A permit for disinterment shall be issued by the state registrar according to rules adopted pursuant to chapter 17A or when ordered by the district court of the county in which such body is buried. A person authorized to control final disposition of a decedent’s remains under section 144C.5 is an interested person and shall be entitled to notice prior to the obtaining of a court order.
4. Due consideration under this section shall be given to the public health, the preferences of a person authorized to control final disposition of a decedent’s remains under section 144C.5, and any court order.
[C24, 27, 31, 35, 39, §2337, 2338; C46, 50, 54, 58, 62, 66, §141.21, 141.22; C71, 73, 75, 77, 79, 81, §144.34]
2008 Acts, ch 1051, §2, 22; 2020 Acts, ch 1025, §2
Referred to in §144.52, 331.611, 523I.309, 523I.402
Structure Iowa Code
Chapter 144 - VITAL STATISTICS
Section 144.2 - Division of records and statistics.
Section 144.3 - Rules adopted.
Section 144.5 - Duties of registrar.
Section 144.9 - County recorder as registrar.
Section 144.11 - Public access to records.
Section 144.12 - Forms uniform.
Section 144.12A - Declaration of paternity registry.
Section 144.13 - Birth certificates.
Section 144.13A - Fees — use of funds — electronic birth certificate system.
Section 144.13B - Waiver of fees — military service.
Section 144.15 - Delayed registrations of birth.
Section 144.16 - Delayed registration of death or marriage.
Section 144.17 - Petition to establish certificate.
Section 144.18 - Court hearing.
Section 144.19 - Adoption certificate.
Section 144.21 - Amended record.
Section 144.22 - Clerk to report to state registrar.
Section 144.23 - State registrar to issue new certificate.
Section 144.24 - Substituting new for original birth certificates — inspection.
Section 144.25 - No previous certificate — procedure.
Section 144.25A - Certificate of birth — foreign and international adoptions.
Section 144.26 - Death certificate.
Section 144.28 - Medical certification.
Section 144.29 - Fetal deaths.
Section 144.29A - Termination of pregnancy reporting — legislative intent.
Section 144.30 - Funeral director’s duty — fetal death certificate.
Section 144.31 - Medical certification — fetal death.
Section 144.31A - Certificate of birth resulting in stillbirth.
Section 144.32 - Burial transit permit.
Section 144.33 - Bodies brought into state.
Section 144.34 - Disinterment — permit.
Section 144.35 - Extensions of time by rules.
Section 144.36 - Marriage certificate filed — prohibited information.
Section 144.37 - Dissolution and annulment records.
Section 144.38 - Amendment of official record.
Section 144.39 - Change of name.
Section 144.40 - Paternity of children — birth certificates.
Section 144.41 - Amending local records.
Section 144.42 - Reproduction of original records.
Section 144.43 - Vital records closed to inspection — exceptions.
Section 144.43A - Mutual consent voluntary adoption registry.
Section 144.44 - Permits for research.
Section 144.45 - Certified copies.
Section 144.45A - Commemorative birth and marriage certificates.
Section 144.46A - Vital records fund.
Section 144.47 - Persons confined in institutions.
Section 144.48 - Institutions — dead persons.
Section 144.49 - Additional record by funeral director.
Section 144.50 - Length of time records to be kept.
Section 144.51 - Information by others furnished on demand.
Section 144.52 - Unlawful acts — punishment.
Section 144.53 - Other acts — simple misdemeanors.
Section 144.54 - Report to county attorney.
Section 144.55 - Attorney general to assist in enforcement.
Section 144.57 - Public safety officer death — required notice — autopsy.