Oklahoma § 21-1151 - Disposal of one's own body

§ 21-1151. Disposal of one's own body

A. Any person has the right to direct the manner in which his

or her body shall be disposed of after death, and to direct the

manner in which any part of his or her body which becomes separated

therefrom during his or her lifetime shall be disposed of. The

provisions of Section 1151 et seq. of this title do not apply where

such person has given directions for the disposal of his or her body

or any part thereof inconsistent with these provisions.

B. A person may assign the right to direct the manner in which

his or her body shall be disposed of after death by executing a

sworn affidavit stating the assignment of the right and the name of

the person or persons to whom the right has been assigned.

C. If the decedent died while serving in any branch of the

United States Armed Forces, the United States Reserve Forces or the

National Guard, and completed a United States Department of Defense

Record of Emergency Data, DD Form 93, or its successor form, the

person authorized by the decedent pursuant to that form shall have

the right to bury the decedent or to provide other funeral and

disposition arrangements, including but not limited to cremation.

Oklahoma Statutes - Title 21. Crimes and Punishments

D. Any person who knowingly fails to follow the directions as

to the manner in which the body of a person shall be disposed of

pursuant to subsection A, B or C of this section, upon conviction

thereof, shall be guilty of a misdemeanor punishable by a fine of

not more than Five Thousand Dollars ($5,000.00).

R.L. 1910, § 2446. Amended by Laws 1997, c. 197, § 1, eff. Nov. 1,

1997; Laws 2011, c. 208, § 8, eff. Nov. 1, 2011.

§21-1151a. Forfeiture of right to dispose of body of decedent.

Any person entitled by law to the right to dispose of the body

of the decedent shall forfeit that right, and the right shall be

passed on to the next qualifying person as listed in Section 1158 of

Title 21 of the Oklahoma Statutes, in the following circumstances:

1. Any person charged with first or second degree murder or

voluntary manslaughter in connection with the death of the decedent,

and whose charges are known to the funeral director; provided,

however that if the charges against such person are dropped, or if

such person is acquitted of the charges, the right of disposition

shall be returned to the person;

2. Any person who does not exercise the right of disposition

within three (3) days of notification of the death of the decedent

or within five (5) days of the death of the decedent, whichever is

earlier; or

3. If the district court, pursuant to Title 58 of the Oklahoma

Statutes, determines that the person entitled to the right of

disposition and the decedent were estranged at the time of death.

For purposes of this paragraph, “estranged” means a physical and

emotional separation from the decedent at the time of death that

clearly demonstrates an absence of due affection, trust and regard

for the decedent.

Added by Laws 2011, c. 208, § 2, eff. Nov. 1, 2011.