Protecting the Funeral Rights of MarylandersConducting a home funeral doesn't require a licensed funeral director or a law degree, but families are responsible for following the law. The resources below should make understanding and executing your legal responsibilities relatively straightforward. Following the law is about more than making sure you've done it correctly. It's also about making sure that the right to care for our dead in Maryland is protected for other families.
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- Marylanders can care for their own dead. Under Maryland law, anyone can perform the functions of a funeral director for family and community members as long as they’re not paid to do so. The legal right to file the death certificate is protected in Maryland Code, Health-General, § 4-201 where it states that the "The funeral director or person acting as the funeral director shall in all cases obtain the medical certification from the person responsible for its completion or obtain assurance that the medical certification has been provided to the Secretary by an approved electronic process." (See How to Have a Home Funeral.)
- Marylanders can determine what happens to their body after they die or can delegate that authority. Maryland Code §7–410(1) specifies: "Any individual who is 18 years of age or older may decide the disposition of the individual’s own body after the individual’s death without the pre–death or post–death consent of another person..." Immediate family are by law the default decision makers regarding physical remains along with a authorizing agent if you want someone other than your immediate family to direct or control the disposition of your body. (See Maryland Code, Health General, § 5-603 and How to Complete Paperwork.)
- Maryland is a preference state, meaning that a person who has had their written directions for funeral care witnessed may be guaranteed that the state will ensure their wishes are met. According to Maryland Code §7–410(3), "An authorizing agent is bound by any valid document executed under this subsection in making decisions regarding the final disposition of the decedent’s body."
- Hiring a funeral director is not required to file a death certificate. The Maryland Electronic Death Registration System (MD-EDRS) is how the death certificate is filed electronically, the end product being a certified death certificate for use in processing the descendent's estate. (For detailed directions on how to file, go to How to Complete Paperwork.)
- Marylanders may arrange a burial or cremation without hiring a funeral director. Immediate family are by law the default decision makers regarding physical remains. If you want someone other than your immediate family to direct or control the disposition of your body, you must write your wishes down and have them witnessed. (See How to Arrange Disposition, Maryland Advance Directive.)
- In Maryland, it is legal for a family member or friend to transport a deceased body. The burial/transit permit is the key piece; anyone can assist with transporting anywhere, including into other states. The completed burial transit permit must be returned within 10 days. Find the laws here: Maryland Code, Health-General, § 4-215. (For more detail, see How to Transport the Dead.)
- Maryland families may bury on their own property, according to Maryland Code, Health-General, § 5-514. (Go to How to Arrange Disposition.)
- Embalming is not required in Maryland.
- If the deceased died of a communicable disease (HIV or AIDS, diphtheria, hepatitis B, C, or D, plague, rabies, tularemia, or tuberculosis), contacting a local health authority is recommended.
- Burial vaults are not required by law for burial in Maryland (Maryland Code, Health General § 5-505), but individual cemeteries may set their own rules and may require purchase of concrete or metal burial vaults (also called outer burial containers) and a casket, rather than a simple shroud, as a matter of cemetery policy. (See How to Go Out Greener.)
- Maryland law does not regulate casket use in crematories. They can require a casket to be used "before, during, or after" cremation, or not require one at all. It is up to them to design their own casket requirements as business policy if they so choose. (Maryland Code, Health-General, § 5-505.)
- Maryland law does not regulate casket use in cemeteries. They can make their own rules about casket use or any other container. (Maryland law states that a crematory can require a casket to be used before, during, or after cremation or ban a casket for the cremation process. (Maryland Code, Health-General, § 5-505.)
- Alkaline hydrolysis for human use is legal in Maryland. (Maryland Business Regulation Code § 5-101.)
- Maryland law defines fetal death certificate filing to be required by a weight of 350 grams or 12.346 ounces, up to 20 weeks gestation. (See Maryland Code 10.03.01.05 Death Registration - Fetal Deaths and Maryland Code, Health General, §4–213) Fetal deaths must be reported to the Medical Examiner if no medical authority or hospital was involved to complete a fetal death certificate.
Offices, Agencies, and Contacts
Maryland Office of the Chief Medical Examiner Charged with investigating and maintaining a file on every death that happens in Maryland under specific circumstances: during employment, when not expected, and when the person is not under the care of a physician, or enrolled in hospice, during the period immediately prior to death.
Maryland Department of Health/Vital Statistics Administration State agency in charge of creating “death certificates” and keeping records of all births and deaths in Maryland. Families wishing to handle death-related paperwork without hiring a funeral director may do so by delivering a completed and signed paper death certificate within 72 hours of the death.
Maryland Board of Morticians and Funeral Directors State agency that supervises and licenses death care professionals and facilities such as funeral directors, funeral homes (also known as mortuaries), cemeteries, and crematoriums; handles investigations into alleged misconduct by death care professionals and facilities.
Maryland Department of Health/Vital Statistics Administration State agency in charge of creating “death certificates” and keeping records of all births and deaths in Maryland. Families wishing to handle death-related paperwork without hiring a funeral director may do so by delivering a completed and signed paper death certificate within 72 hours of the death.
Maryland Board of Morticians and Funeral Directors State agency that supervises and licenses death care professionals and facilities such as funeral directors, funeral homes (also known as mortuaries), cemeteries, and crematoriums; handles investigations into alleged misconduct by death care professionals and facilities.
Regulations, Policies, and Laws: Professionals vs. Private Citizens
Regulations for Funeral Professionals
Where a professional, licensed funeral director or practitioner is involved, Maryland Board of Morticians and Funeral Directors regulations must be followed. These regulations do not apply to citizens; they are specific to licensed professionals.
What Families Need to Know
When a family is caring for their own dead without a licensed provider, they need only follow the laws of the state regarding after-death tasks that are required, what the time frame is for completion, and how the process works. (See How to Have a Home Funeral, How to Arrange Disposition, How to Complete Paperwork, and Maryland Legal Essentials above.)
Institutional Policies
When institutions such as hospitals, hospice providers, and care facilities are involved, families may encounter policies that limit the rights that families have under state law. Unfortunately for the ease of removing and transporting the body of a loved one, these institutions are businesses that have the right to set and enforce their own policies, despite the next-of-kin's right to custody and control. We recommend making contact early with administrators who have the capacity to assist families choosing to transport themselves. (See How to Work With Professionals.)
For More Information on Legal Requirements & What To Do if Your Rights Are Challenged
To learn more about the finer points of legal timeframes and requirements, go to Quick Guide to Legal Requirements. While you are there, take a look at What to Do When Families' Rights are Challenged. Both are included in the booklet Restoring Families' Rights to Choose: The call for funeral legislation change in America. Concerns about handling the practical aspects — filing documents, caring for the body, making the arrangements, legal requirements — can be addressed by our How To pages. You can print out our Resources for Professionals pages for those you encounter who are unfamiliar with families’ legal rights to care for their dead. Trained Home Funeral Guides are available to answer any questions you may have. For faith communities and other groups who are interested in providing after-death care to fellow congregants, Undertaken With Love: A Home Funeral Guide for Congregations and Families by Holly Stevens and Donna Belk is included in the newly republished After-Death Care Educator Handbook (available on Amazon) is intended as a how-to manual for all, not just faith communities.
Where a professional, licensed funeral director or practitioner is involved, Maryland Board of Morticians and Funeral Directors regulations must be followed. These regulations do not apply to citizens; they are specific to licensed professionals.
What Families Need to Know
When a family is caring for their own dead without a licensed provider, they need only follow the laws of the state regarding after-death tasks that are required, what the time frame is for completion, and how the process works. (See How to Have a Home Funeral, How to Arrange Disposition, How to Complete Paperwork, and Maryland Legal Essentials above.)
Institutional Policies
When institutions such as hospitals, hospice providers, and care facilities are involved, families may encounter policies that limit the rights that families have under state law. Unfortunately for the ease of removing and transporting the body of a loved one, these institutions are businesses that have the right to set and enforce their own policies, despite the next-of-kin's right to custody and control. We recommend making contact early with administrators who have the capacity to assist families choosing to transport themselves. (See How to Work With Professionals.)
For More Information on Legal Requirements & What To Do if Your Rights Are Challenged
To learn more about the finer points of legal timeframes and requirements, go to Quick Guide to Legal Requirements. While you are there, take a look at What to Do When Families' Rights are Challenged. Both are included in the booklet Restoring Families' Rights to Choose: The call for funeral legislation change in America. Concerns about handling the practical aspects — filing documents, caring for the body, making the arrangements, legal requirements — can be addressed by our How To pages. You can print out our Resources for Professionals pages for those you encounter who are unfamiliar with families’ legal rights to care for their dead. Trained Home Funeral Guides are available to answer any questions you may have. For faith communities and other groups who are interested in providing after-death care to fellow congregants, Undertaken With Love: A Home Funeral Guide for Congregations and Families by Holly Stevens and Donna Belk is included in the newly republished After-Death Care Educator Handbook (available on Amazon) is intended as a how-to manual for all, not just faith communities.
Resources and Online Links
Maryland Funeral Resources and Education is a non-commercial public interest site dedicated to helping Maryland consumers care for their own dead with or without the assistance of a funeral director. All rights reserved © FuneralPartnership.org
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