34-26A-31. Refusal to accept remains or cremate--Grounds--Immunity.A crematory may refuse to accept a decedent for or perform a cremation if:(1)It is aware of any dispute concerning the cremation;(2)It has reasonable grounds to question any representation made in the authorization to cremate form; or(3)It has any other lawful reason.A crematory shall accept a decedent for and perform a cremation upon receiving an order from a court directing the activity or upon receipt of sufficient documentation indicating that any dispute or other ground or reason for the initial refusal has been resolved.A crematory is immune from liability for refusing to accept a decedent for cremation and for refusing to perform a cremation, in accordance with this section. Source: SL 1988, ch 283, §31; SL 2023, ch 129, §25.
South Dakota Legal Code