Can You Dig Up Buried Ancestors in a Family Cemetery? Exploring Legal and Ethical Considerations

The ability to disinter a body from a private family cemetery varies significantly based on local laws and regulations. Here are some general considerations to keep in mind if you are contemplating bringing a buried ancestor to the surface.

Legal Regulations

In many jurisdictions, disinterment requires a permit or specific legal procedures to be followed even on private property. It is crucial to check local and state laws regarding disinterment. Even if the cemetery is privately owned, there may still be strict guidelines that must be adhered to. Additionally, if the cemetery is formally established, there may be specific rules governing the disinterment process, including who has the authority to make such decisions.

Cemetery Regulations

Established cemeteries might have specific procedures and permissions required. If you wish to proceed with the disinterment, the cemetery staff can assist you in obtaining the necessary permits. A funeral director or cemetery employee can provide valuable insights into the disinterment process and potential complications. For example, the location of a vault, if any, can be determined with a rod or a backhoe. If no vault is found, as in the case of an old burial, the remains might be more fragmented.

Respect and Sensitivity

Even if it is legally permissible to disinter a body, consider the ethical implications and the feelings of other family members. Disturbing a grave can be seen as disrespectful, especially if it pertains to your ancestors. It is important to approach such a situation with respect and understanding, as failure to do so may cause distress to other family members.

Health and Safety

There may also be health and safety regulations to consider when disturbing a burial site. It is essential to ensure that the process is carried out in a safe and hygienic manner. The area should be properly protected, and appropriate safety measures should be taken to prevent any contamination or hazards.

Consultation

Considering the complexity of the process, it might be beneficial to consult with a legal expert or a local authority before proceeding. They can provide guidance on the legal requirements and potential health and safety concerns. Consulting with a funeral director is also recommended, as they can offer practical advice and assistance throughout the process.

Real-Life Example

As a funeral director with experience in the field, I was once approached by a woman who wanted to cremate her father's remains and combine them with her mother's ashes. The father was a Detroit chiropractor who had died in 1955 or 1960, and his wife was his receptionist at the time. Upon investigation, the burial site did not have a vault, and the remains were simply on the ground, decaying over time. The process involved carefully digging and sifting through the soil, and it was not as dramatic as shown in movies. I explained the situation to the woman, who ultimately decided against proceeding due to the lack of skeletal remains.

In another case, I had to remove a baby who was buried in 1978. The records indicated a vault, but upon digging, no vault was found, and only the outline of a wooden box remained. The remains were mostly gone, except for a small piece of bone that resembled a chicken bone and a few other fragments. The process involved manually breaking down the soil, sifting through the dirt, and searching for any remaining bones. In this situation, it is important to understand that baby bones are soft and fragile, making recovery extremely challenging. Had the baby been in a vault, it is highly likely that some remains would have been preserved.

Keep in mind that the results of a disinterment can vary greatly. You might find a mummified body, a liquefied body that looks like cottage cheese or soup, a skeleton, or nothing at all. However, the memory of the process will always stay with you, especially if it is particularly gruesome.