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Georgia General Assembly · Full text

SB 581: Vital Records; cremation permits that are distinct from disposition permits; provide

Introduced version, the latest LegiScan holds · Last action February 26, 2026 · Introduced

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Senate Bill 581

By: Senators Williams of the 25th, Robertson of the 29th, Albers of the 56th and Mallow of the 2nd

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for cremation permits that are distinct from disposition permits; to provide for permits for cremations and organic reductions; to provide certain requirements for the issuance of cremation and organic reduction permits; to provide for exceptions; to amend Code Section 53-2-27 of the Official Code of Georgia Annotated, relating to DNA testing for kinship, procedure, and cost, so as to provide for a conforming change; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by revising Code Section 31-10-20, relating to permits for disposition, disinterment, and reinterment, as follows:

"31-10-20.

(a) The funeral director or person acting as such or other person that first assumes custody of a dead body or fetus shall obtain a disposition permit for the internment cremation or organic human reduction of such body or fetus or the removal of such body or fetus from the state. Such disposition permit shall not authorize the cremation or organic reduction of such body or fetus. A disposition permit may be required within the state by local authorities.

(b) Such A disposition permit shall be made available by the local registrar of the county where the death or fetal death occurred, or body or fetus was found, 24 hours a day, seven days a week. The registrar will issue a disposition permit immediately upon request from the licensed funeral director or his agent in charge of the body or fetus. The request for a disposition permit may be received by the registrar either orally or in writing. The registrar may respond to the request by any means utilized in the normal course of transacting business including, but not limited to, transmission by facsimile machine.

(c) The funeral director or person acting as such or other person that first assumes custody of a dead body or fetus shall obtain a cremation permit for the cremation or organic human reduction of such body or fetus. Such cremation permit shall only be issued by the coroner or chief medical examiner of the county where the death occurred. Such permit shall not be issued by such coroner or chief medical examiner unless such coroner or medical examiner also either certifies a death certificate for such body or fetus or accepts a death certificate already certified for such body or fetus.

(c)(d) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state, without the need for a disposition permit or cremation permit to be issued in this state.

(d)(e) Prior to final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director or person acting as such, the person in charge of the institution, or other person assuming responsibility for final disposition of the fetus shall obtain from the parent(s) authorization for final disposition.

(e)(f) Disposition permits shall not be required where disposition of fetal remains is within the institution of occurrence and a registry of such events is maintained by the institution. (f)(g) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. Such authorization shall be issued by the local registrar to a licensed funeral director or other person acting as such, upon proper application, in the county in which the dead body or dead fetus was originally interred and a local registrar who issues such authorization shall not be civilly or criminally liable therefor if it is issued in good faith. A permit shall not be required when disinterment and reinterment are in the same cemetery.

(g)(h) The department shall prescribe rules and regulations so that the local registrars may permit hospitals, funeral homes, or others in their respective counties to issue disposition permits."

SECTION 2.

Code Section 53-2-27 of the Official Code of Georgia Annotated, relating to DNA testing for kinship, procedure, and cost, is amended by revising paragraph (2) of subsection (h) as follows:

"(2) Shall not require authorization under subsection (f) (g) of Code Section 31-10-20 as a condition precedent to such disinterment or reinterment;"

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.