§ 38.621 - Disinterments.

§ 38.621 Disinterments.

Cross Reference

Link to an amendment published at 87 FR 50575, Aug. 17, 2022.

(a) Interments of eligible decedents in national cemeteries are considered permanent and final. Disinterment will be permitted only for cogent reasons and with the prior written authorization of the National Cemetery Area Office District Executive Director or Cemetery Director responsible for the cemetery involved. Disinterment from a national cemetery will be approved only when all :

(1) A court order or State instrumentality of competent jurisdiction directs the disinterment; or

(2) All living immediate family members of the decedent, and the

person

individual who initiated the interment (whether or not

he or she

the individual is a member of the immediate family), give their written consent

, or when a court order

.

(i) If the individual who initiated the interment does not consent, or is not alive to provide consent, or all living immediate family members are not in agreement, anyone seeking disinterment of an eligible decedent must provide VA with an order from a court or State instrumentality of competent jurisdiction

directs

to direct the disinterment as provided in paragraph (a)(1) of this section.

(ii) For purposes of this section, “immediate family members” are defined as surviving spouse, whether or not he or she is or was remarried; all adult children of the decedent; the appointed guardian(s) of minor children; and the appointed guardian(s) of the surviving spouse or of the adult child(ren) of the decedent. If the surviving spouse and all of the children of the decedent are deceased, the decedent's parents will be considered “immediate family members.”

(b)

(1) All requests

for authority

to disinter remains

will

as described in paragraph (a)(2) of this section must be submitted on VA Form 40-4970, Request for Disinterment, and

will

must include the following information:

(

1

i) A full statement of reasons for the proposed disinterment.

(

2

ii) Notarized statement(s) by all living immediate family members of the decedent, and by the person who initiated the interment (whether or not

he or she

the individual is a member of the immediate family), that

they

all parties consent to the proposed disinterment.

(

3

iii) A notarized statement

,

by the person requesting the disinterment that those who supplied affidavits comprise all the living immediate family members of the deceased

.

(Authority: 38 U.S.C. 2404)

(c) In lieu of the documents required in paragraph (b) of this section, an order of a court of competent jurisdiction will be considered.

(d) Any disinterment that may be authorized under

and the individual who initiated the interment.

(2) If the person provides a false certification on VA Form 40-4970, he or she may be subject to penalties, to include fine or imprisonment or both.

(c) Any VA-approved disinterment in this section must be accomplished without expense to the Government.

(The reporting and recordkeeping requirements contained in paragraph (b) of this section have been approved by the Office of Management and Budget under OMB control number 2900-0365)

(Authority: 38 U.S.C. 2404)

[87 FR 50575, Aug. 17, 2022]