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An end to D-I-Y cremation?

¹Cardiff Law School, University of Wales.

Medicine, Science, and the Law

|April 1, 1993

Summary

Cremation law requires adherence to the Cremation Acts, but this article argues it is not strictly necessary. Upcoming regulations will address existing legal gaps, impacting the lawful disposal of stillborn infants.

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Area of Science:

Legal Studies
Medical Law
Public Health Policy

Background:

The legality of cremation practices is often presumed to be strictly governed by existing Cremation Acts.
Ambiguities and potential lacunae within current legislation may exist regarding specific cremation procedures.
The upcoming consolidation and passing of new Cremation Regulations signal a significant reform in this area.

Observation:

This article critically examines the legal necessity of adhering strictly to the current Cremation Acts for lawful cremation.
It identifies that while strict adherence may not be legally mandated, the forthcoming regulations are poised to close existing legislative gaps.
The analysis considers the practical and legal ramifications of these legislative changes.

Findings:

The core finding is that strict compliance with the current Cremation Acts is not a prerequisite for a lawful cremation.
However, the impending Cremation Regulations are expected to rectify any existing legislative deficiencies, providing clearer guidelines.
This legislative evolution is crucial for standardizing and ensuring lawful practices.

Implications:

The reform has direct implications for the lawful disposal of deceased infants, particularly those born dead before the legal age of viability.
It necessitates a review of current practices concerning the disposition of stillborn babies to align with new regulatory frameworks.
Ensuring compliance with the updated regulations will be paramount for healthcare providers and funeral directors.

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