Sepulcher Rights

The common law right of sepulcher is the right of a family member or relative to the burial or disposition of a human body.

Dating back centuries in common law, the right of sepulcher gives the kin the right to recover mental and emotional damages when someone interferes with a loved one’s body after death.

Sepulcher Rights Under New York Law

According to the Public Health Law of New York, the next of kin of a deceased person can file a lawsuit when:

• Someone interferes with the family member’s right to immediate possession of a body
• The interference causes emotional and mental harm

Some instances of interference include careless disposition of the body, unauthorized autopsy, and failure to notify the family member of the death.

The Public Health Law § 4201 governs the disposition of remains. The law says that if there is no valid written document appointing an agent for disposition, the law sets individuals who will have priority to make decisions regarding the disposition of the body.

Sepulcher Rights – Exceptions

The right of sepulcher, however, cannot intervene with the medical examiner’s authority to discharge their duties. A medical examiner has the authority to perform unauthorized autopsies under certain circumstances, such as:

• Death by suicide
• Death by accident
• Death by criminal violence
• Death when unattended by a physician
• Death through any suspicious or unusual manner
• Sudden death when in apparent good health

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