Some laws prohibit human remains from being deposited anywhere that's not a cemetery. The options are usually burial, cremation, or donation to science. That's it: three simple things. There is no “cut off the head, de-flesh it, preserve the skull, and then cremate the rest of the body” option.
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Read More »You might (or might not) be surprised at how often in my work as a mortician I am asked whether a mourning family member can keep a dearly departed’s skull. Assuming your intentions are good, you’re looking at three major hurdles to clear before Dad’s brainpan can hold jelly beans on your coffee table: paperwork, legal control, and skeletonization. In theory, people get to decide what happens to their body after death. In reality, it is near impossible to get legal permission to display a relative’s skeleton. I’ll tell you what’s not going to work: marching over to your local funeral home and saying, “Greetings! That’s my mom’s corpse over there. Could you just pop off her head and de-flesh her skull? That would be great. Thanks!” Your average funeral home (really, any funeral home) is not set up to handle such a request, legally or practically.
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Read More »Because of abuse-of-corpse laws, nobody’s dead body can be claimed as property. “Finders keepers” doesn’t apply here. But unfortunately, those same laws prevent you from plopping Mom’s skull on your bookcase. So where do skulls on bookcases come from? In the United States, no federal law prevents owning, buying, or selling human remains, unless the remains are Native American. Otherwise, whether you’re able to sell or own human remains is decided by each individual state. At least 38 states have laws that should prevent the sale of human remains, but in reality the laws are vague, confusing, and enforced at random. In one seven-month period in 2012–13, 454 human skulls were listed on eBay, with an average opening bid of just under $650 (eBay subsequently banned the practice). Many skulls for private sale have questionable origins, sourced from the thriving bone trades in India and China. The bones are usually obtained from people who couldn’t afford cremation or burial. So to be clear: You can’t own your own mother’s corpse, but if you are willing to engage in some suspect internet commerce, a femur from the other side of the world might make its way into your home. Even if you exploit fuzzy legal arguments in your quest to get your hands on Dad’s skull, you’re still going to run into a big problem: There is currently no way in the United States to skeletonize human remains for private ownership. For the most part, skeletonization happens only when a body is donated to scientific research. Even this isn’t explicitly legal; authorities just tend to look the other way for museums and universities. But under no circumstances can you just skeletonize your dad and display his head among the decorative gourds in the Thanksgiving centerpiece.
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Read More »In every state, funeral homes use something called a burial-and-transit permit, which tells the state what is going to be done with a dead person’s body. Some laws prohibit human remains from being deposited anywhere that’s not a cemetery. The options are usually burial, cremation, or donation to science. That’s it: three simple things. There is no “cut off the head, de-flesh it, preserve the skull, and then cremate the rest of the body” option. Nothing even close. If there were any legal wiggle room that might allow a person to get Dad’s head liberated from its fleshy shell, Tanya Marsh would know how to find it. Marsh is a law professor and the expert on human-remains law. “I will argue with you all day long,” she told me, “that it isn’t legal in any state in the United States to reduce a human head to a skull.”
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