New York Public Health Code § 4201

Disposition of remains; responsibility therefor
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§ 4201. Disposition of remains; responsibility therefor. 1. As used in\nthis section, the following terms shall have the following meanings,\nunless the context otherwise requires:\n  (a) "Cremation" means the incineration of human remains.\n  (b) "Disposition" means the care, disposal, transportation, burial,\ncremation, natural organic reduction or embalming of the body of a\ndeceased person, and associated measures.\n  (c) "Domestic partner" means a person who, with respect to another\nperson:\n  (i) is formally a party in a domestic partnership or similar\nrelationship with the other person, entered into pursuant to the laws of\nthe United States or any state, local or foreign jurisdiction, or\nregistered as the domestic partner of the person with any registry\nmaintained by the employer of either party or any state, municipality,\nor foreign jurisdiction; or\n  (ii) is formally recognized as a beneficiary or covered person under\nthe other person's employment benefits or health insurance; or\n  (iii) is dependent or mutually interdependent on the other person for\nsupport, as evidenced by the totality of the circumstances indicating a\nmutual intent to be domestic partners including but not limited to:\ncommon ownership or joint leasing of real or personal property; common\nhouseholding, shared income or shared expenses; children in common;\nsigns of intent to marry or become domestic partners under subparagraph\n(i) or (ii) of this paragraph; or the length of the personal\nrelationship of the persons.\n  Each party to a domestic partnership shall be considered to be the\ndomestic partner of the other party. "Domestic partner" shall not\ninclude a person who is related to the other person by blood in a manner\nthat would bar marriage to the other person in New York state. "Domestic\npartner" shall also not include any person who is less than eighteen\nyears of age or who is the adopted child of the other person or who is\nrelated by blood in a manner that would bar marriage in New York state\nto a person who is the lawful spouse of the other person.\n  (c-1) "Natural organic reduction" means the contained, accelerated\nconversion of human remains to soil.\n  (d) "Person" means a natural person eighteen years of age or older.\n  2. (a) The following persons in descending priority shall have the\nright to control the disposition of the remains of such decedent;\nprovided that if there are more than two members of a class listed in\nsubparagraph (iii), (v), or (vii) of this paragraph entitled to control\nthe disposition of remains of a decedent, the disposition shall be\ndetermined by a majority of the members of the class who are reasonably\navailable:\n  (i) the person designated in a written instrument executed pursuant to\nthe provisions of this section;\n  (ii) the decedent's surviving spouse;\n  (ii-a) the decedent's surviving domestic partner;\n  (iii) any of the decedent's surviving children eighteen years of age\nor older;\n  (iv) either of the decedent's surviving parents;\n  (v) any of the decedent's surviving siblings eighteen years of age or\nolder;\n  (vi) a guardian appointed pursuant to article seventeen or seventeen-A\nof the surrogate's court procedure act or article eighty-one of the\nmental hygiene law;\n  (vii) any person eighteen years of age or older who would be entitled\nto share in the estate of the decedent as specified in section 4-1.1 of\nthe estates, powers and trusts law, with the person closest in\nrelationship having the highest priority;\n  (viii) a duly appointed fiduciary of the estate of the decedent;\n  (ix) a close friend or relative who is reasonably familiar with the\ndecedent's wishes, including the decedent's religious or moral beliefs,\nwhen no one higher on this list is reasonably available, willing, or\ncompetent to act, provided that such person has executed a written\nstatement pursuant to subdivision seven of this section; or\n  (x) a chief fiscal officer of a county or a publ

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