closed1
Proper burial of a fetus/tissue after an abortion?
I recently had an abortion and my boyfriend and I decided to pick up the fetus/tissue a few weeks from now to do a ceremony/burial. But we are unsure about what might be the best and proper way (including laws that govern this in Canada) to bury our fetus. Any ideas for the burial and precautions we should take in doing this?
4 Answers
IamPamela313
leeroy
Funeral Regulations in North America
State by State and Province by Province
The simplicity and caring of the Muslim rituals and the focus on a natural return to the earth have universal appeal. But due to the law of the land some rituals are compromised, due to the strong lobby of the Funeral Industries the cost to bury the dead has risen tremendously. Also due to the limited knowledge of the natural law, certain type of deaths are dealt differently when preparing the body to be buried.
In Communicable Disease Report Review of U.K. vol.5 April 28, 1995 it is mentioned that during a plague when dead bodies were buried in a mass grave without any casket, the nature took care of decomposition. Those who were laid to rest in the casket, germs were detected later on.
The Islamic Centers in your town may be fully aware of the State or Provincial laws that will make the burial process easy. Yet when certain Islamic rituals are compromised the best method to change the policy is to present the case to the Funeral Services Regulatory Board and work with them. Insha'Allah one day very soon the Muslim Community will be able to bury their loved one's exactly by the method taught to us by the Noble Messenger (upon him be peace).
In this section we have used information from "Caring for the Dead" by Lisa Carlson published by Upper Access Inc, Hinesburg Vt. 05461 800-310-8320 / 800-765-0107
ALSO IN EVERY STATES THERE ARE NONPROFIT FUNERAL CONSUMER INFORMATION SOCIETIES-YOU MAY CALL FUNERAL AND MEMORIAL SOCIETIES OF AMERICA (FAMSA) OFFICE 800-765-0107 OR CHECK THE INTERNET https://www.funerals.org/famsa
Very Important: Person who choose to handle death privately must take great care to follow all state and local regulations. The requirements are not complex but failure to meet them can lead to unpleasant situations and create a climate in which professionals become less willing to work with families.
Death Certificate: Great care must be taken in completing the death certificate. Whiteout or other corrections are not usually permitted. If an error is made, you may have to start over again with a new certificate. A death certificate signed by a doctor stating the cause of death must be filed-usually in the county or district where death occurs, or where a body is found, or where a body is removed from a public conveyance or vehicle.
Fetal Deaths and Miscarriages: A special death certificate, or fetal death report, is required in all but two states for fetal deaths. Eleven states seem to require registration of all fetal deaths. In a majority of states, a fetal death must be registered if it occurs after 20 weeks of pregnancy. In Hawaii, the requirement goes into effect after 24 weeks.
Dealing with a Coroner/ Medical Examiner's Office-Autopsy: Autopsies are generally required when cause of death is violent, unexpected, uncertain, or "unusual," including suicide. Death from a contagious disease may also necessitate involvement with a coroner or local health officer.
Generally, the funeral director a family has chosen picks up an autopsied body from the coroner's office. Nevertheless, in several states, the state is obligated to cover all costs of returning a body to a family if asked to do so.
Home death, Home Visitation: Many persons are able to die at home in familiar surroundings, near familiar faces. In some states, an "expected" death can be certified by an attending nurse. A home death can allow the family additional time to obtain permits and make necessary arrangements. Turning off the heat in a room or turning on an air-conditioner can make it reasonable to contain a body without further action for 24 to 72 hours or more depending on the weather. People often ask, " Doesn't the body smell?" No, not usually for the first two or three days, but each situation must be considered individually quite apart from the weather and ambient temperature.
Nursing Home Death: When death is anticipated in nursing home, it will be important to work out your plans with the nursing home staff ahead of time. If the deceased has had only a semi-private room, for example, the nursing home may have no other location to hold the body while paperwork and other errands are done. Staff members are accustomed to calling a funeral director, regardless of the hour, and expect the removal within a very short time. Out of consideration for other residents, it may not be feasible for the nursing home personnel to allow a long delay while permits, a container, and vehicle are obtained.
Hospital Death: Some hospitals may be reluctant to release a body directly to a family without the use of funeral director. If the death involved is an " expected" death, advising the hospital staff of your intentions ahead of time may be helpful. If personnel are confused or misinformed about their obligations. A telephone call from your lawyer may be in order.
It is important for families to recognize the legitimate needs of hospitals. Some hospitals may have no storage facilities for the dead bodies while permits are obtained and may insist on calling a funeral director for immediate removal after death if there is to be any significant delay.
Embalming: No state requires routine embalming of all bodies. Special circumstances-such as an extended time death and disposition- may make it necessary under state law. Interstate transportation by a common carrier may also necessitate embalming, although most airlines will waive that requirement if there are religious objections. Refrigeration or dry ice can take the place of embalming in many instances. In some states, embalming may be required by law if the person has died of a communicable disease, although this is a seriously flawed requirement.
Moving A Body: Never move a body without a permit (or medical permission) ! Always call ahead before moving a body even if you have a permit. By calling first to make arrangements at the destination, you will be expected and prepared.
Out-of-state Disposition: All states honor the properly acquired permits of other states when a body is to be moved from one state to another. There may be local regulations with regard to disposition, however. Check by telephone before setting out for the destination.
Burial: In some states, when burial will be outside the county or town where death occurred, you will need an additional permit to inter (whether on private land or a cemetery) from local registrar in that area. The statutes and regulations of some states include depth requirements for burial; these are listed below in state-by-state information. Standard practice in many states places the top of the coffin at least three feet below the natural surface of the earth. A burial location should be 150 feet or more from a water supply and outside the easement for any utility or power lines.
Alaska
No Alaska statute requires the use of a funeral director for body disposition. Indeed, AS 08.42.021© states that unlicensed persons may be granted a permit to dispose the dead if no embalming is required.
Death Certificate: The family doctor or local medical examiner will supply and sign the death certificate within 24 hours.
Transporting and Disposition Permit: The local registrar will issue a burial-transit permit.
Burial : Check with the county or town registrar for local zoning laws regarding home burial.
Other Requirements: When the body will not reach its destination within 24 hours after death embalming is required.
Alaska has no state funeral board. The Dept. of Commerce and Economic Development, Division of Occupational Licensing issues the license to a funeral director.
Arizona
Persons in Arizona may care for their own dead. The legal authority to do so is found in:
Title 36-831-A: The duty of burying the body of a dead person devolves in the following order:
1: If the dead person was married, upon the surviving spouse…..[ goes on to other next-of-kin ]
There are no other statutes that require you to use a funeral director.
Death Certificate: The family doctor or a local medical examiner will supply and sign the death certificate within 72 hours, stating the cause of death.
Transporting and Disposition Permit: The local registrar will issue a burial-transit permit. If the death occurred after usual business hours, a funeral director may be asked to supply the permit. The death certificate must be obtained first.
Burial: Local zoning law regarding home burial: Title 36-333 reads, “ Any person who inters dead human remains in a burial ground where there is no person in charge shall endorse, sign and file the permit and write across the face of the permit the words ‘ No person in charge'.
Other Requirements: If disposition does not occur within 24 hours, the body must be embalmed or refrigerated.
The Arizona State Board of Funeral Directors and Embalmers has seven members. Three are consumer representatives. Cemeteries are supposed to be regulated by the Real Estate Commission.
Nonprofit Funeral Consumers Information Societies: In Phoenix the # is 602-929-9659, in Tucson the # is 602-721-0230 and Prescott the # 520-778-3000.
Arkansas
Person in Arkansas may care for their own dead. Wording for such is found in the following statute:
Title 20-18-601(b): The funeral director or person acting as such who first assumes custody of the dead body shall file the death certificate.
However, Rule 11 promulgated by the Board of Embalmers and Funeral Directors states:
Every funeral conducted within the State of Arkansas must be under the personal supervision and direction and in charge of A funeral Director who holds a valid license from this board.
Death Certificate: The family doctor, a local medical examiner or coroner will sign the death certificate within 24 hours, stating the cause of death.
Transporting and Disposition Permit: A body may be moved with the consent of a physician, medical examiner or county coroner. A burial-transit permit, obtained from the local registrar, is required when a body is transported into or out of state. No burial-transit permit is required for burial within the state.
Burial: Family graveyards are exempt from taxation and must be registered with the county clerk.
Other Requirements: When disposition has not occurred within 24 hours, the body must be embalmed or refrigerated.
The Arkansas State Board of Embalmers and Funeral Directors has seven members. There are two consumer representatives, including one senior citizen.
Nonprofit Funeral Consumer Information Societies: In Fayetteville the # is 501-443-1404.
California
Person in California may care for their own dead. The legal authority to do so is in the California statutes, chapter 3, section 7100-1003
The right to control the disposition of the remains of a deceased person, unless other directions have been given by the decedent, vest in ….(a) the surviving spouse, (b) the surviving adult child or adult children the decedent, (c) the surviving parent or parents of the decedent, (d) the person or persons respectively in the next degree of kindred…
There are no other statutes that require you to use a funeral director.
Death Certificate: The family doctor will sign the death certificate within 15 hours, stating the cause of death. A coroner will supply a death certificate within three days.
Transporting and Disposition Permit: Upon presentation of a death certificate, the local registrar in the county health department will issue the permit for disposition. This must specify the destination.
Burial: Burial must be in established cemetery. Local municipalities are given jurisdiction over cemetery matters, and it will be up to local officials to okay home burial in rural areas.
Other Requirements: California has no other requirements controlling the time schedule for the disposition of unembalmed bodies.
The Consumers Affairs Division of the Attorney General's Office handles funeral and cemetery issues.
Nonprofit Funeral Consumer Information Societies: Call 800-765-0107 of FAMSA or go to internet directory- https://www.funerals.org/famsa for complete listing. The number in LA is 626-683-3545, in San Diego is 619-293-0926
State by State and Province by Province
The simplicity and caring of the Muslim rituals and the focus on a natural return to the earth have universal appeal. But due to the law of the land some rituals are compromised, due to the strong lobby of the Funeral Industries the cost to bury the dead has risen tremendously. Also due to the limited knowledge of the natural law, certain type of deaths are dealt differently when preparing the body to be buried.
In Communicable Disease Report Review of U.K. vol.5 April 28, 1995 it is mentioned that during a plague when dead bodies were buried in a mass grave without any casket, the nature took care of decomposition. Those who were laid to rest in the casket, germs were detected later on.
The Islamic Centers in your town may be fully aware of the State or Provincial laws that will make the burial process easy. Yet when certain Islamic rituals are compromised the best method to change the policy is to present the case to the Funeral Services Regulatory Board and work with them. Insha'Allah one day very soon the Muslim Community will be able to bury their loved one's exactly by the method taught to us by the Noble Messenger (upon him be peace).
In this section we have used information from "Caring for the Dead" by Lisa Carlson published by Upper Access Inc, Hinesburg Vt. 05461 800-310-8320 / 800-765-0107
ALSO IN EVERY STATES THERE ARE NONPROFIT FUNERAL CONSUMER INFORMATION SOCIETIES-YOU MAY CALL FUNERAL AND MEMORIAL SOCIETIES OF AMERICA (FAMSA) OFFICE 800-765-0107 OR CHECK THE INTERNET https://www.funerals.org/famsa
Very Important: Person who choose to handle death privately must take great care to follow all state and local regulations. The requirements are not complex but failure to meet them can lead to unpleasant situations and create a climate in which professionals become less willing to work with families.
Death Certificate: Great care must be taken in completing the death certificate. Whiteout or other corrections are not usually permitted. If an error is made, you may have to start over again with a new certificate. A death certificate signed by a doctor stating the cause of death must be filed-usually in the county or district where death occurs, or where a body is found, or where a body is removed from a public conveyance or vehicle.
Fetal Deaths and Miscarriages: A special death certificate, or fetal death report, is required in all but two states for fetal deaths. Eleven states seem to require registration of all fetal deaths. In a majority of states, a fetal death must be registered if it occurs after 20 weeks of pregnancy. In Hawaii, the requirement goes into effect after 24 weeks.
Dealing with a Coroner/ Medical Examiner's Office-Autopsy: Autopsies are generally required when cause of death is violent, unexpected, uncertain, or "unusual," including suicide. Death from a contagious disease may also necessitate involvement with a coroner or local health officer.
Generally, the funeral director a family has chosen picks up an autopsied body from the coroner's office. Nevertheless, in several states, the state is obligated to cover all costs of returning a body to a family if asked to do so.
Home death, Home Visitation: Many persons are able to die at home in familiar surroundings, near familiar faces. In some states, an "expected" death can be certified by an attending nurse. A home death can allow the family additional time to obtain permits and make necessary arrangements. Turning off the heat in a room or turning on an air-conditioner can make it reasonable to contain a body without further action for 24 to 72 hours or more depending on the weather. People often ask, " Doesn't the body smell?" No, not usually for the first two or three days, but each situation must be considered individually quite apart from the weather and ambient temperature.
Nursing Home Death: When death is anticipated in nursing home, it will be important to work out your plans with the nursing home staff ahead of time. If the deceased has had only a semi-private room, for example, the nursing home may have no other location to hold the body while paperwork and other errands are done. Staff members are accustomed to calling a funeral director, regardless of the hour, and expect the removal within a very short time. Out of consideration for other residents, it may not be feasible for the nursing home personnel to allow a long delay while permits, a container, and vehicle are obtained.
Hospital Death: Some hospitals may be reluctant to release a body directly to a family without the use of funeral director. If the death involved is an " expected" death, advising the hospital staff of your intentions ahead of time may be helpful. If personnel are confused or misinformed about their obligations. A telephone call from your lawyer may be in order.
It is important for families to recognize the legitimate needs of hospitals. Some hospitals may have no storage facilities for the dead bodies while permits are obtained and may insist on calling a funeral director for immediate removal after death if there is to be any significant delay.
Embalming: No state requires routine embalming of all bodies. Special circumstances-such as an extended time death and disposition- may make it necessary under state law. Interstate transportation by a common carrier may also necessitate embalming, although most airlines will waive that requirement if there are religious objections. Refrigeration or dry ice can take the place of embalming in many instances. In some states, embalming may be required by law if the person has died of a communicable disease, although this is a seriously flawed requirement.
Moving A Body: Never move a body without a permit (or medical permission) ! Always call ahead before moving a body even if you have a permit. By calling first to make arrangements at the destination, you will be expected and prepared.
Out-of-state Disposition: All states honor the properly acquired permits of other states when a body is to be moved from one state to another. There may be local regulations with regard to disposition, however. Check by telephone before setting out for the destination.
Burial: In some states, when burial will be outside the county or town where death occurred, you will need an additional permit to inter (whether on private land or a cemetery) from local registrar in that area. The statutes and regulations of some states include depth requirements for burial; these are listed below in state-by-state information. Standard practice in many states places the top of the coffin at least three feet below the natural surface of the earth. A burial location should be 150 feet or more from a water supply and outside the easement for any utility or power lines.
Alaska
No Alaska statute requires the use of a funeral director for body disposition. Indeed, AS 08.42.021© states that unlicensed persons may be granted a permit to dispose the dead if no embalming is required.
Death Certificate: The family doctor or local medical examiner will supply and sign the death certificate within 24 hours.
Transporting and Disposition Permit: The local registrar will issue a burial-transit permit.
Burial : Check with the county or town registrar for local zoning laws regarding home burial.
Other Requirements: When the body will not reach its destination within 24 hours after death embalming is required.
Alaska has no state funeral board. The Dept. of Commerce and Economic Development, Division of Occupational Licensing issues the license to a funeral director.
Arizona
Persons in Arizona may care for their own dead. The legal authority to do so is found in:
Title 36-831-A: The duty of burying the body of a dead person devolves in the following order:
1: If the dead person was married, upon the surviving spouse…..[ goes on to other next-of-kin ]
There are no other statutes that require you to use a funeral director.
Death Certificate: The family doctor or a local medical examiner will supply and sign the death certificate within 72 hours, stating the cause of death.
Transporting and Disposition Permit: The local registrar will issue a burial-transit permit. If the death occurred after usual business hours, a funeral director may be asked to supply the permit. The death certificate must be obtained first.
Burial: Local zoning law regarding home burial: Title 36-333 reads, “ Any person who inters dead human remains in a burial ground where there is no person in charge shall endorse, sign and file the permit and write across the face of the permit the words ‘ No person in charge'.
Other Requirements: If disposition does not occur within 24 hours, the body must be embalmed or refrigerated.
The Arizona State Board of Funeral Directors and Embalmers has seven members. Three are consumer representatives. Cemeteries are supposed to be regulated by the Real Estate Commission.
Nonprofit Funeral Consumers Information Societies: In Phoenix the # is 602-929-9659, in Tucson the # is 602-721-0230 and Prescott the # 520-778-3000.
Arkansas
Person in Arkansas may care for their own dead. Wording for such is found in the following statute:
Title 20-18-601(b): The funeral director or person acting as such who first assumes custody of the dead body shall file the death certificate.
However, Rule 11 promulgated by the Board of Embalmers and Funeral Directors states:
Every funeral conducted within the State of Arkansas must be under the personal supervision and direction and in charge of A funeral Director who holds a valid license from this board.
Death Certificate: The family doctor, a local medical examiner or coroner will sign the death certificate within 24 hours, stating the cause of death.
Transporting and Disposition Permit: A body may be moved with the consent of a physician, medical examiner or county coroner. A burial-transit permit, obtained from the local registrar, is required when a body is transported into or out of state. No burial-transit permit is required for burial within the state.
Burial: Family graveyards are exempt from taxation and must be registered with the county clerk.
Other Requirements: When disposition has not occurred within 24 hours, the body must be embalmed or refrigerated.
The Arkansas State Board of Embalmers and Funeral Directors has seven members. There are two consumer representatives, including one senior citizen.
Nonprofit Funeral Consumer Information Societies: In Fayetteville the # is 501-443-1404.
California
Person in California may care for their own dead. The legal authority to do so is in the California statutes, chapter 3, section 7100-1003
The right to control the disposition of the remains of a deceased person, unless other directions have been given by the decedent, vest in ….(a) the surviving spouse, (b) the surviving adult child or adult children the decedent, (c) the surviving parent or parents of the decedent, (d) the person or persons respectively in the next degree of kindred…
There are no other statutes that require you to use a funeral director.
Death Certificate: The family doctor will sign the death certificate within 15 hours, stating the cause of death. A coroner will supply a death certificate within three days.
Transporting and Disposition Permit: Upon presentation of a death certificate, the local registrar in the county health department will issue the permit for disposition. This must specify the destination.
Burial: Burial must be in established cemetery. Local municipalities are given jurisdiction over cemetery matters, and it will be up to local officials to okay home burial in rural areas.
Other Requirements: California has no other requirements controlling the time schedule for the disposition of unembalmed bodies.
The Consumers Affairs Division of the Attorney General's Office handles funeral and cemetery issues.
Nonprofit Funeral Consumer Information Societies: Call 800-765-0107 of FAMSA or go to internet directory- https://www.funerals.org/famsa for complete listing. The number in LA is 626-683-3545, in San Diego is 619-293-0926
| 13 years ago. Rating: 3 | |
Sorry to hear about that, my ex-girlfriend had an abortion when she was younger and would always get depressed each year near her due date. Here are some sites that may help.
#
Proposed law requires burial/cremation of 8 week old fetuses ...
... State bill is on the table this year that deals with the proper burial of dead or ... would have to notify a woman receiving an abortion about the law to have the fetus ...
https://www.katc.com/news/proposed-law-requires-burial-cremation... - Cached
#
Rules/regulations of 8 week miscarriage burial? - Yahoo! Answers
My sister in law recently had a miscarriage at 8 weeks ... know what rules/regulations apply to a 8 week fetus? ... can't express enough how wrong it is to not have a proper ...
answers.yahoo.com/question/index?qid=20090812192635AAlBb3C - Cached
#
Miscarriage_Right to Fetal Remains - Welcome to KotaPress
In reality, the fetus's body had an all too common fate: it was dumped ... would like to share information about the parents' right to fetal burial law ...
https://www.kotapress.com/section_articles/childDeath/... - Cached
closed1
#
Proposed law requires burial/cremation of 8 week old fetuses ...
... State bill is on the table this year that deals with the proper burial of dead or ... would have to notify a woman receiving an abortion about the law to have the fetus ...
https://www.katc.com/news/proposed-law-requires-burial-cremation... - Cached
#
Rules/regulations of 8 week miscarriage burial? - Yahoo! Answers
My sister in law recently had a miscarriage at 8 weeks ... know what rules/regulations apply to a 8 week fetus? ... can't express enough how wrong it is to not have a proper ...
answers.yahoo.com/question/index?qid=20090812192635AAlBb3C - Cached
#
Miscarriage_Right to Fetal Remains - Welcome to KotaPress
In reality, the fetus's body had an all too common fate: it was dumped ... would like to share information about the parents' right to fetal burial law ...
https://www.kotapress.com/section_articles/childDeath/... - Cached
| 13 years ago. Rating: 3 | |
thanks for all the links! but the first link doesn't work and i would really like to read this one! :(
foreverandever
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