Funeral laws vary from state to state. If you are tasked to make funeral arrangements for a loved one in Oregon, here’s what you need to know about Oregon cremation laws. We’ll discuss who can authorize cremation and what you can do with cremated remains.
If you wish to read official Oregon law regarding these subjects, visit the Mortuary and Cemetery Board website.
Oregon Authorization for Cremation
The law states who can legally authorize a deceased person’s cremation in Oregon. If the deceased person didn’t leave behind a written prearrangement with any funeral service practitioner, the following have the legal authority to provide authorization for cremation:
- The spouse or domestic partner of the decedent
- Child of the decedent (must be 18 years or older)
- Either parent of the decedent
- Sibling of the decedent (must be 18 years or older)
- Legal guardian of the decedent at the time of death
- A person in the next degree of kinship to the decedent
- The personal representative of the decedent’s estate
- The person nominated as the decedent’s personal representative in the last will
- A public health officer
Purchase of Casket for Cremation
There is no law requiring a casket for cremation, but some type of rigid container, such as one made of unfinished wood, pressed wood, fiberboard, or cardboard, is generally necessary. You can also purchase a regular casket for cremation if you prefer.
Embalming Laws in Oregon
Bodies held longer than twenty-four hours after death must be either embalmed or refrigerated, whether you choose burial or cremation.
Un-embalmed remains may be removed from refrigeration for up to six hours. This means you can have a public viewing of the unembalmed body as long as it is completed within the six-hour time limit.
However, public viewing of the remains of persons who have died of certain infectious diseases, including HIV or AIDS, diphtheria, hepatitis B, C, or D, plague, rabies, tularemia, or tuberculosis – is prohibited unless the remains are embalmed.
Scattering Laws in Oregon
No state laws govern where you may keep or scatter cremated human remains. Cremation is considered a method of final disposition. Therefore, after cremation occurs, the remains are “personal property.”
It’s worth noting that cremated remains do not promote plant growth. Instead, they can deter plant root growth. However, cremated remains are considered sterile and harmless.
Cremated remains can be scattered on private property with the permission of the property deed owner. However, you may not scatter remains on personal property owned by companies without permission.
Check with local officials if you plan to scatter remains on public lands. However, an informal “don’t ask, don’t tell” practice is typical.
You may not scatter ashes on beaches or tidepools. However, sea scattering is legal – as long as it is done three nautical miles from shore. This is federal law.
Ordering a Death Certificate in Oregon
You must be the deceased’s next of kin and show appropriate ID to order a death certificate. You can also request a death certificate if you are a legal representative of the deceased, a government agency, or an investigator.
Of course, if the death occurred over 50 years ago, anyone can order a copy of the Oregon death certificate.
You Don’t Have to Work With Traditional Funeral Homes
You are not required to work with a funeral director from an Oregon mortuary after your loved one passes. Instead, you can choose a low-cost direct cremation service to help you with the final disposition.
Smart Cremation offers direct cremation funeral services here in Oregon. So instead of calling a funeral home when your loved one passes – call Smart Cremation. Our team of professionals will transport the body from the place of death to the crematory. After the medical examiner inspects the body and all the required forms are completed, the cremation will take place. Finally, the remains will be returned to you for scattering or to be present at a typical cremation funeral service.
Key Takeaways About Cremation in Oregon
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The proper authorization must be given before a body is cremated.
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Embalming is not typically required in Oregon – as long as the body is handled correctly and the deceased dies of non-communicable disease.
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There’s a “don’t ask, don’t tell” policy regarding scattering ashes on public lands.
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Only authorized individuals can order a death certificate in Oregon.
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Direct cremation services are available for those who would rather not work with a traditional funeral home.
