{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2818.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2818.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2818.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2818.1.html"}],"law_id":84765,"edition_id":1,"section_id":84765,"structure_id":13924,"section_number":"54.1-2818.1","catch_line":"Prerequisites for cremation","history":"1998, c. 867; 2010, c. 377; 2011, c. 88; 2014, cc. 228, 355, 583; 2015, c. 670.","full_text":"No dead human body shall be cremated without permission of the Office of the Chief Medical Examiner as required by \u00a7 32.1-309.3 and visual identification of the deceased by the next-of-kin or his representative, who may be any person designated to make arrangements for the disposition of the decedent’s remains pursuant to \u00a7 54.1-2825, an agent named in an advance directive pursuant to \u00a7 54.1-2984, or any guardian appointed pursuant to Chapter 20 (\u00a7 64.2-2000 et seq.) of Title 64.2 who may exercise the powers conferred in the order of appointment or by \u00a7 64.2-2019, or, in cases in which the next of kin or his representative fails or refuses to provide visual identification of the deceased, by any other person 18 years of age or older who is able to provide positive identification of the deceased. If no such next of kin or his representative or other person 18 years of age or older is available or willing to make visual identification of the deceased, such identification shall be made by a member of the primary law-enforcement agency of the city or county in which the person or institution having initial custody of the body is located, pursuant to court order. When visual identification is not feasible, other positive identification of the deceased may be used as a prerequisite for cremation. Unless such act, decision, or omission resulted from bad faith or malicious intent, the funeral service establishment, funeral service licensee, crematory, cemetery, primary law-enforcement officer, sheriff, county, or city shall be immune from civil liability for any act, decision, or omission resulting from cremation. Nothing in this section shall prevent a law-enforcement agency other than the primary law-enforcement agency from performing the duties established by this section if so requested by the primary law-enforcement agency and agreed to by the other law-enforcement agency.","order_by":null,"text":{"0":{"id":303734,"text":"No dead human body shall be cremated without permission of the Office of the Chief Medical Examiner as required by \u00a7 32.1-309.3 and visual identification of the deceased by the next-of-kin or his representative, who may be any person designated to make arrangements for the disposition of the decedent’s remains pursuant to \u00a7 54.1-2825, an agent named in an advance directive pursuant to \u00a7 54.1-2984, or any guardian appointed pursuant to Chapter 20 (\u00a7 64.2-2000 et seq.) of Title 64.2 who may exercise the powers conferred in the order of appointment or by \u00a7 64.2-2019, or, in cases in which the next of kin or his representative fails or refuses to provide visual identification of the deceased, by any other person 18 years of age or older who is able to provide positive identification of the deceased. If no such next of kin or his representative or other person 18 years of age or older is available or willing to make visual identification of the deceased, such identification shall be made by a member of the primary law-enforcement agency of the city or county in which the person or institution having initial custody of the body is located, pursuant to court order. When visual identification is not feasible, other positive identification of the deceased may be used as a prerequisite for cremation. Unless such act, decision, or omission resulted from bad faith or malicious intent, the funeral service establishment, funeral service licensee, crematory, cemetery, primary law-enforcement officer, sheriff, county, or city shall be immune from civil liability for any act, decision, or omission resulting from cremation. Nothing in this section shall prevent a law-enforcement agency other than the primary law-enforcement agency from performing the duties established by this section if so requested by the primary law-enforcement agency and agreed to by the other law-enforcement agency.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13924,"edition_id":1,"name":"Licensure of the Practice of Funeral Service, Funeral Directors and Embalmers","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13923,"metadata":{},"date_created":"2026-06-26 03:46:19","date_modified":"2026-06-26 03:46:19","permalink":{"id":241843,"object_type":"structure","relational_id":13924,"identifier":"3","token":"54.1\/III\/28\/3","url":"\/54.1\/III\/28\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13923,"edition_id":1,"name":"Funeral Services","identifier":"28","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:46:19","date_modified":"2026-06-26 03:46:19","permalink":{"id":241753,"object_type":"structure","relational_id":13923,"identifier":"28","token":"54.1\/III\/28","url":"\/54.1\/III\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57146,"structure_id":13924,"section_number":"54.1-2813","catch_line":"License for the practice of funeral service","url":"\/54.1-2813\/","token":"54.1\/III\/28\/3\/54.1-2813","metadata":false},{"id":74314,"structure_id":13924,"section_number":"54.1-2814","catch_line":"Examination","url":"\/54.1-2814\/","token":"54.1\/III\/28\/3\/54.1-2814","metadata":false},{"id":59678,"structure_id":13924,"section_number":"54.1-2814.1","catch_line":"Registration as a cremator","url":"\/54.1-2814.1\/","token":"54.1\/III\/28\/3\/54.1-2814.1","metadata":false},{"id":68658,"structure_id":13924,"section_number":"54.1-2815","catch_line":"Application for license; how license signed; duration","url":"\/54.1-2815\/","token":"54.1\/III\/28\/3\/54.1-2815","metadata":false},{"id":67101,"structure_id":13924,"section_number":"54.1-2816","catch_line":"License renewal; failure to return renewal form","url":"\/54.1-2816\/","token":"54.1\/III\/28\/3\/54.1-2816","metadata":false},{"id":58270,"structure_id":13924,"section_number":"54.1-2816.1","catch_line":"Continuing education requirements; promulgation of regulations","url":"\/54.1-2816.1\/","token":"54.1\/III\/28\/3\/54.1-2816.1","metadata":false},{"id":82142,"structure_id":13924,"section_number":"54.1-2817","catch_line":"Funeral service interns","url":"\/54.1-2817\/","token":"54.1\/III\/28\/3\/54.1-2817","metadata":false},{"id":65500,"structure_id":13924,"section_number":"54.1-2818","catch_line":"Registration and display of licenses","url":"\/54.1-2818\/","token":"54.1\/III\/28\/3\/54.1-2818","metadata":false},{"id":84765,"structure_id":13924,"section_number":"54.1-2818.1","catch_line":"Prerequisites for cremation","url":"\/54.1-2818.1\/","token":"54.1\/III\/28\/3\/54.1-2818.1","metadata":false},{"id":72290,"structure_id":13924,"section_number":"54.1-2818.2","catch_line":"Inapplicability to officers of state and local institutions","url":"\/54.1-2818.2\/","token":"54.1\/III\/28\/3\/54.1-2818.2","metadata":false},{"id":54979,"structure_id":13924,"section_number":"54.1-2818.3","catch_line":"Applications for registration required","url":"\/54.1-2818.3\/","token":"54.1\/III\/28\/3\/54.1-2818.3","metadata":false},{"id":86891,"structure_id":13924,"section_number":"54.1-2818.4","catch_line":"Immunity from liability for services after organ and tissue donation","url":"\/54.1-2818.4\/","token":"54.1\/III\/28\/3\/54.1-2818.4","metadata":false},{"id":79569,"structure_id":13924,"section_number":"54.1-2818.5","catch_line":"Request for life insurance information; notification of beneficiaries","url":"\/54.1-2818.5\/","token":"54.1\/III\/28\/3\/54.1-2818.5","metadata":false}],"previous_section":{"id":65500,"structure_id":13924,"section_number":"54.1-2818","catch_line":"Registration and display of licenses","url":"\/54.1-2818\/","token":"54.1\/III\/28\/3\/54.1-2818","metadata":false},"next_section":{"id":72290,"structure_id":13924,"section_number":"54.1-2818.2","catch_line":"Inapplicability to officers of state and local institutions","url":"\/54.1-2818.2\/","token":"54.1\/III\/28\/3\/54.1-2818.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2818.1\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 867<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2010, chapter 377<\/a>; in 2011, chapter 88<\/a>; in 2014, chapters 228<\/a>, 355<\/a>, and 583<\/a>; in 2015, chapter 670<\/a>.<\/p>","references":[{"id":76387,"section_number":"57-39.19","catch_line":"Application of \u00a7\u00a7 54.1-2818.1 through 54.1-2818.3","order_by":null,"url":"\/57-39.19\/"}],"refers_to":[{"id":54369,"section_number":"32.1-309.3","catch_line":"Cremations and burials at sea","order_by":null,"url":"\/32.1-309.3\/"},{"id":84076,"section_number":"54.1-2825","catch_line":"Person to make arrangements for funeral and disposition of remains","order_by":null,"url":"\/54.1-2825\/"},{"id":62832,"section_number":"54.1-2984","catch_line":"Suggested form of written advance directives","order_by":null,"url":"\/54.1-2984\/"},{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":54266,"section_number":"64.2-2019","catch_line":"Duties and powers of guardian","order_by":null,"url":"\/64.2-2019\/"}],"permalink":{"id":241877,"object_type":"law","relational_id":84765,"identifier":"54.1-2818.1","token":"54.1\/III\/28\/3\/54.1-2818.1","url":"\/54.1-2818.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2818.1\/","token":"54.1\/III\/28\/3\/54.1-2818.1","dublin_core":{"Title":"Prerequisites for cremation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2818.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No dead human body shall be cremated without permission of the Office of the Chief Medical Examiner as required by \u00a7 32.1-309.3<\/a> and visual identification of the deceased by the next-of-kin or his representative, who may be any person designated to make arrangements for the disposition<\/span> of the decedent’s remains pursuant to \u00a7 54.1-2825<\/a>, an agent named in an advance directive pursuant to \u00a7 54.1-2984<\/a>, or any guardian appointed pursuant to Chapter 20 (\u00a7 64.2-2000<\/a> et seq.) of Title 64.2 who may exercise the powers conferred in the order of appointment or by \u00a7 64.2-2019<\/a>, or, in cases in which the next of kin<\/span> or his representative fails or refuses to provide visual identification of the deceased, by any other person 18 years of age or older who is able to provide positive identification of the deceased. If no such next of kin<\/span> or his representative or other person 18 years of age or older is available or willing to make visual identification of the deceased, such identification shall be made by a member of the primary law<\/span>-enforcement agency of the city or county in which the person or institution having initial custody<\/span> of the body is located, pursuant to court order<\/span>. When visual identification is not feasible, other positive identification of the deceased may be used as a prerequisite for cremation. Unless such act, decision, or omission resulted from bad faith or malicious<\/span> intent<\/span>, the funeral service establishment<\/span>, funeral service licensee<\/span>, crematory<\/span>, cemetery, primary law<\/span>-enforcement officer, sheriff, county, or city shall be immune from civil liability for any act, decision, or omission resulting from cremation. Nothing in this section shall prevent a law<\/span>-enforcement agency other than the primary law<\/span>-enforcement agency from performing the duties established by this section if so requested by the primary law<\/span>-enforcement agency and agreed to by the other law<\/span>-enforcement agency.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPREREQUISITES FOR CREMATION (\u00a7 54.1-2818.1)\n\nNo dead human body shall be cremated without permission of the Office of the\nChief Medical Examiner as required by \u00a7 32.1-309.3 and visual identification of\nthe deceased by the next-of-kin or his representative, who may be any person\ndesignated to make arrangements for the disposition of the decedent’s\nremains pursuant to \u00a7 54.1-2825, an agent named in an advance directive\npursuant to \u00a7 54.1-2984, or any guardian appointed pursuant to Chapter 20 (\u00a7\n64.2-2000 et seq.) of Title 64.2 who may exercise the powers conferred in the\norder of appointment or by \u00a7 64.2-2019, or, in cases in which the next of kin\nor his representative fails or refuses to provide visual identification of the\ndeceased, by any other person 18 years of age or older who is able to provide\npositive identification of the deceased. If no such next of kin or his\nrepresentative or other person 18 years of age or older is available or willing\nto make visual identification of the deceased, such identification shall be made\nby a member of the primary law-enforcement agency of the city or county in which\nthe person or institution having initial custody of the body is located,\npursuant to court order. When visual identification is not feasible, other\npositive identification of the deceased may be used as a prerequisite for\ncremation. Unless such act, decision, or omission resulted from bad faith or\nmalicious intent, the funeral service establishment, funeral service licensee,\ncrematory, cemetery, primary law-enforcement officer, sheriff, county, or city\nshall be immune from civil liability for any act, decision, or omission\nresulting from cremation. Nothing in this section shall prevent a\nlaw-enforcement agency other than the primary law-enforcement agency from\nperforming the duties established by this section if so requested by the primary\nlaw-enforcement agency and agreed to by the other law-enforcement agency.\n\nHISTORY: 1998, c. 867; 2010, c. 377; 2011, c. 88; 2014, cc. 228, 355, 583; 2015,\nc. 670.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}