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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
disposition; remains; authorization; legal decision-making
Purpose
Modifies requirements relating to the final disposition of human remains.
Background
Within seven calendar days after receiving possession of human remains, a funeral establishment or responsible person who takes possession of the human remains must submit the death certificate for registration to a local registrar, a deputy local registrar or the state registrar, as prescribed. The death certificate may be submitted by electronic means (A.R.S. § 36-325).
A funeral establishment or responsible person who takes possession of human remains must obtain a disposition-transit permit from a local registrar, a deputy local registrar or the state registrar before: 1) providing final disposition of the human remains; or 2) moving the human remains out of Arizona. Human remains that are moved from a hospital, nursing care institution or hospice inpatient facility must be accompanied by a form provided by the hospital, nursing care institution or hospice inpatient facility authorizing the release of the human remains. A funeral establishment or responsible person may remove human remains from a hospital, nursing care institution or hospice inpatient facility where the death occurred without obtaining a disposition-transit permit if the funeral establishment or responsible person: 1) does not remove the human remains from Arizona; and 2) provides notice to the local registrar or deputy registrar in the registration district where the death occurred within 24 hours after moving the human remains. A funeral establishment or responsible person may remove human remains from a place other than a hospital, nursing care institution or hospice inpatient facility where the death occurred without obtaining a disposition-transit permit if the funeral establishment or responsible person: 1) does not remove the human remains from Arizona; and 2) provides notice to the local registrar or deputy registrar in the registration district where the death occurred within 72 hours after moving the human remains (A.R.S. § 36-326).
Statute designates the duty of burying the body of or providing other funeral and disposition arrangements for a decedent in a devolving order. The duty of burying the body of or providing other funeral and disposition arrangements for a decedent who is a minor first falls to the minor's parents (A.R.S. § 36-831).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Extends, from 7 calendar days to 14 business days, the timeline for funeral establishments or responsible persons that have taken possession of human remains to submit a death certificate with the state or a local registrar in accordance with statute.
2. Requires a funeral establishment to obtain a disposition-transit permit if an unborn child is expelled or extracted at a hospital or abortion clinic and all of the following apply:
a) the gestation period of the unborn child is less than 20 weeks or, if the gestation period is unknown, the weight of the unborn child is less than 350 grams;
b) a county medical examiner's investigation is not required; and
c) the woman on whom the abortion was performed has authorized the transfer of the unborn child's human remains to a funeral establishment for final disposition.
3. Requires human remains that are moved from an abortion clinic to be accompanied by a form provided by the abortion clinic authorizing the release of the human remains.
4. Allows a funeral establishment or responsible person to move human remains from an abortion clinic where death occurred without obtaining a disposition-transit permit if the funeral establishment or responsible person:
a) does not remove the human remains from Arizona; and
b) provides notice to the local registrar or deputy local registrar in the registration district where the death occurred within 24 hours after moving the human remains.
5. Specifies that, in duty for funeral and disposition arrangements of a decedent who is a minor, the parent is responsible unless:
a) there has been an award of legal decision-making; or
b) there is a parenting plan that prescribes which parent has final authority to make legal decisions on behalf of the child.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
JT/NRG/ci