Delaware Code
16 Del. C. § 3151 (2026)
Permit for removal, burial or other disposition; foreign permits; prerequisites for permit [For application of this section, see 84 Del. Laws, c. 261, § 16]
✓ current as of May 2026
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When a death or a fetal death occurs or a dead body is found, the body may not be disposed of until the burial or transit permit is completed. The burial or transit permit must accompany the body and must be:
(1) Given to the sexton of the cemetery when the body is interred.
(2) Retained by the funeral director when the cemetery has no sexton.
(3) In cases of cremation or natural organic reduction:
a. Retained with the final remains.
b. Retained by the funeral director if so desired.
27 Del. Laws, c. 84, § 10; Code 1915, § 814; 28 Del. Laws, c. 60, § 1; Code 1935, § 797; 44 Del. Laws, c. 69, § 1; 48 Del. Laws, c. 319, § 1; 16 Del. C. 1953, § 3151; 52 Del. Laws, c. 88, § 4; 68 Del. Laws, c. 274, § 1; 84 Del. Laws, c. 261, § 3;Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2022–2022 · leading case: State of Delaware v. City of Seaford (Del. Ch. 2022).
State of Delaware v. City of Seaford (Del. Ch. 2022). “” 16 Del. C. § 3151 (the “Burial Permit Requirement”).”
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