Why are these interpretations different? Because the law is unclear or ambiguous.
Please note that the information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Email us if you'd like to be put in direct touch with someone who has done a home funeral in your state.
Who can perform body removal or transport?
Interpretation from our Wake Forest Funeral Law class volunteers:
In Alabama, anyone can perform body removal or transport per Ala. Code § 22-9A-14(a)("The funeral director or person acting as the funeral director").
Disposition Time Requirement: How long do you have with your dead at home before disposition?
In many states, refrigeration at home refers to cooling, not commercial refrigeration used in funeral homes. For more info, refer to our page on Body Care & Cooling.
The law is written such that the requirements for embalming are for licensed funeral businesses, and the applicability of the law to home funerals is unclear. People caring for their own dead should be able to seal body in air tight container for ground transport across state lines and not need to bother with embalming.
24 hour wait time, unless the death was a result of an infectious, contagious, or communicable disease which has been verified, and the time requirement waived by the medical examiner, coroner, or attending physician where the death occurred.
Does death from a contagious or communicable disease need to be reported?
By applicable providers, yes. By families, not necessarily.
All physicians, dentists, nurses, medical examiners, hospital admins, nursing home admins, etc. are responsible for reporting certain communicable diseases, which would occur if they were officially diagnosed. Therefore, families do not appear to have a duty to report.
Do people caring for their own dead need a burial/transit permit for final disposition?
Interpretation from our state volunteers:
The relevant law is Ala. Code § 22-9A-14(a). "The funeral director or person acting as the funeral director who first assumes custody of a dead body shall, prior to final disposition of the body, or prior to removal of the dead body from the state, obtain authorization for final disposition of the body or removal of the body from the state."
People caring for their own dead must obtain a burial-transit permit before final disposition. Notably, the completion of the medical certification of cause of death on the death certificate should constitute authorization. However, it is your responsibility to contact the certifier of death for confirmation prior to removal of a body for disposition.
Interpretation from our Wake Forest Law class volunteers:
Per Ala. Code § 22-9A-16, the only people who can be issued a burial/transit permit are Funeral Directors, Embalmers, Morticians, Medical Examiners, etc. This means you will need to work with a funeral director or other professional in order to legally remove the body from the place of body care to the place of final disposition.
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