Louisiana Cremation Laws: Authorization, Permits, and Penalties

Louisiana cremation laws are set out in Title 37 of the Revised Statutes and govern who can authorize a cremation, what paperwork the crematory must collect, how the cremation itself is carried out, and how the remains can be released or scattered. The rules bind funeral establishments and crematories, but they also shape what a family can and cannot decide. Miss a step and the cremation can be delayed, the license holder sanctioned, or, in serious cases, criminal charges filed.

Who Can Authorize a Cremation in Louisiana

Louisiana does not let any “next of kin” sign for a cremation. The statute uses the term “authorizing agent” and ranks candidates in a fixed order. A person higher on the list who is available and willing to act cannot be bypassed by someone lower down. The order runs as follows:

The decedent’s own directions, if left in a notarial testament or a separate written and notarized declaration. Anyone arranging the cremation can act as authorizing agent on the strength of that document.
A person the decedent specifically named to control disposition of the remains in a notarial testament or notarized declaration.
The surviving spouse, unless either spouse had already filed for divorce before the death.
A majority of the surviving adult children.
A majority of the surviving adult grandchildren.
The surviving parents.
A majority of the surviving adult siblings.
The next degree of kindred, determined under Louisiana Civil Code Article 880 and following.

Whoever signs the authorization is representing that no living person of higher or equal priority exists, or that they are unaware of one. If authority comes from a notarial testament or notarized declaration, a copy of that document must be attached to the cremation authorization form.²

When People at the Same Level Disagree

Where two or more people share a priority level, the statute requires a majority of that class to agree. Two adult children who split evenly, for instance, do not produce a valid authorization. Funeral directors and crematories are entitled to refuse to proceed when they receive notice of a dispute among people of equal or higher priority, and the cremation may sit until the family works it out or a court intervenes.

Locking In Your Own Choice Ahead of Time

The cleanest way to prevent a fight is to execute a notarial testament or a separate written and notarized declaration directing cremation. That document sits at the top of the priority hierarchy and blocks family members from overriding your wishes.¹

The Cremation Authorization Form and Permit

A crematory authority cannot accept a body until it has a completed cremation authorization form. At a minimum, that form must contain:

The name of the deceased and the time and date of death.
The authorizing agent’s name, their relationship to the decedent, and a statement that they have the right to authorize the cremation.
Instructions for how the cremated remains are to be handled once the process is complete.
A disclosure of whether the decedent had a pacemaker or other implant that must be removed before cremation.

The authorizing agent’s signature has to be witnessed by the funeral director arranging the cremation, notarized, or signed in front of two witnesses who also sign and give their names and addresses. Signing as authorizing agent is legally treated as a warranty that everything on the form is true, including the identity of the deceased and the signer’s own authority to act.²

Positive Identification of the Body

Before a funeral director can represent that the remains are those of the named decedent, the body must be positively identified. Identification happens one of two ways: the coroner provides it when releasing the body to the funeral establishment, or the authorizing agent (or a member of that same priority class) views the remains or a photograph and confirms who it is. A viewing is not required for a spontaneous fetal death if written identification is received when the remains are released.²

Disposition Permit

A disposition permit is required in addition to the authorization form. Louisiana law allows a cremation permit to be issued without a completed death certificate, but no permit may issue until every regulation of the Louisiana Department of Health governing permit issuance is satisfied.³

What the Crematory Itself Must Do

To hold a crematory license, an operator must certify that every cremation will be performed by a licensed crematory retort operator, meet all requirements set by the Louisiana State Board of Embalmers and Funeral Directors, and produce evidence of every local, state, and federal license and permit the facility needs.⁴ Operating a cremation facility without a license, or performing cremations in one, is an enumerated ground for the board to refuse, suspend, or revoke a license.⁵

Pacemakers and Other Implants

When the authorizing agent discloses a pacemaker on the form, the funeral establishment has to remove it before the body reaches the crematory. Failing to remove a disclosed pacemaker is a specific ground for board action.⁵ Pacemaker batteries can explode at cremation temperatures, so accurate disclosure on the form matters for the safety of the staff who will do the work.

One Body Per Retort

Louisiana prohibits cremating more than one adult in the same retort at the same time. The narrow exception covers an adult together with one or more children, and even then every authorizing agent for every set of remains must give specific written authorization. That written consent also releases the crematory from liability for commingling during the process.⁶

Identification Through the Whole Process

The crematory has to maintain proper identification of the remains at every stage. When the ashes are returned, the person delivering them and the person receiving them both sign a receipt that records the name of the deceased, the date and time of receipt, and the other chain-of-custody details. The crematory keeps a copy.⁶

Handling the Cremated Remains

After cremation, the remains go into a suitable container. If the family has not chosen an urn, the crematory supplies a temporary container. Louisiana permits several forms of final disposition, including placement in a columbarium niche, burial in a cemetery, and scattering. Scattering on private property generally requires the owner’s consent, and scattering in public areas may be limited by local ordinances.

Unclaimed Ashes After 60 Days

If cremated remains sit unclaimed for 60 days after the date of cremation, the crematory or other holder is no longer responsible or liable for their disposition, as long as they are handled in accordance with the statutory disposition requirements.⁷

A Note on Air Travel

Louisiana’s statutes stop at the state line, but families often need to fly with remains. TSA allows cremated remains in both carry-on and checked bags; carry-on is generally safer because some airlines restrict remains in checked luggage. The container must be made of a material X-ray equipment can see through, so softwood, plastic, cardboard, and biodegradable materials like bamboo work well. Metal urns in brass, bronze, steel, or pewter usually produce an opaque image and will not clear the checkpoint. TSA officers will not open a container of cremated remains, even at the passenger’s request.⁸

Penalties When the Rules Are Broken

The Louisiana State Board of Embalmers and Funeral Directors investigates complaints and imposes sanctions. Violations of any state cremation law, of the board’s own rules, or of applicable Department of Health and Department of Environmental Quality regulations are all grounds for discipline. The board can refuse a license, refuse to renew, suspend, or revoke, and it can impose fines. Enumerated grounds include performing a cremation without proper authorization, violating the cremation procedures in RS 37:879, failing to remove a disclosed pacemaker, and incompetency or untrustworthiness in the practice of cremation.⁵

Criminal Exposure

More serious conduct, such as tampering with remains, falsifying a death certificate, or operating an unlicensed crematory, can bring criminal prosecution. Convictions can carry fines and imprisonment, with the specific penalty tied to the offense. Fraudulent conduct connected to cremation can also be charged under Louisiana’s general forgery and fraud statutes.

The Federal Funeral Rule

State law is not the only layer. Funeral providers also have to comply with the Federal Trade Commission’s Funeral Rule. It requires accurate, itemized pricing, including a General Price List and a Statement of Funeral Goods and Services Selected. Providers cannot misrepresent legal or crematory requirements, charge for embalming without permission, or require the purchase of a casket for direct cremation. Violations can draw civil penalties of more than $53,000 per violation.⁹

1
FindLaw. Louisiana Revised Statutes Tit. 37, 876
2
Louisiana State Legislature. Louisiana Code RS 37:877 – Authorization to Arrange Cremation; Authorization to Cremate
3
Louisiana State Legislature. Louisiana Code RS 40:54 – Prerequisites for Permit
4
Justia Law. Louisiana Revised Statutes Title 37 RS 37:873
5
Louisiana State Legislature. Louisiana Code RS 37:846 – Refusal to Grant or Renew Licenses; Revocation or Suspension; Grounds; Hearings
6
Louisiana State Legislature. Louisiana Code RS 37:879 – Cremation Procedures
7
Louisiana State Legislature. Louisiana Code RS 37:883
8
Transportation Security Administration. Cremated Remains
9
Federal Trade Commission. Complying with the Funeral Rule