Protecting the Funeral Rights of New Hampshire CitizensConducting a home funeral or home burial doesn't require a licensed funeral director or a law degree, but families are responsible for following the law. The resources below should make understanding and executing your legal responsibilities relatively straightforward. Following the law is about more than making sure you've done it correctly. It's also about making sure that the right to care for our dead in New Hampshire is protected for other families.
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New Hampshire Legal Essentials
- New Hampshirites can care for their own dead. Under New Hampshire law, anyone can perform the functions of a funeral director for family and community members as long as they’re not paid to do so. The legal term is “next-of-kin or designated agent” as defined in RSA 290:16 and the right to care for their own dead is defined as retaining custody and control. "'Custody and control' means the right to make all decisions, consistent with applicable laws, regarding the handling of a dead body, including but not limited to possession, at-need funeral arrangements, final disposition, and disinterment."
- New Hampshire citizens can determine what happens to their body after they die or can delegate that authority. RSA 290:17 specifies: "I. If the subject has designated a person to have custody and control in a written and signed document, custody and control belong to that person. The person designated by the subject shall be entitled to no compensation or reimbursement of expenses related to the custody and control of the subject's body." Next-of-kin are by law the default decision makers regarding physical remains. If you want someone other than your immediate family to direct or control the disposition of your body it is critical that you complete a Designation of Agent Form and file it with your advance directives. (See How to Complete Paperwork.) This form must be completed prior to death; it can not be issued by anyone other than the person for his or herself.
- Hiring a funeral director is not required to file a death certificate. The New Hampshire Division of Vital Statistics is where the NH Death Certificate is filed electronically, typically by funeral directors. Each Town or City Clerk in New Hampshire is authorized to process paper death certificates from the next-of-kin and in turn relay that information electronically to the state Vital Statistics office in order to obtain a transit/burial permit. (Go to How to Complete Paperwork for more information and links including New Hampshire Death Certificate Worksheet.)
- New Hampshire citizens may arrange a burial or cremation without hiring a funeral director. Immediate family are by law the default decision makers regarding physical remains. If you want someone other than your immediate family to direct or control the disposition of your body it is critical that you complete a Designation of Agent Form. (See How to Arrange Disposition.)
- In New Hampshire, it is legal for a family member or friend to transport a deceased body. A transit/burial permit will be issued once the death certificate is electronically filed (See How to Transport the Dead.)
- New Hampshire families may bury on their own property if certain conditions are met. (Go to How to Arrange Disposition.)
- Embalming is not required in New Hampshire. (Click here for more information on NH's unique embalming regulation.)
- Burial vaults and caskets are not required by law for burial in New Hampshire, but individual cemeteries may set their own rules and may require purchase of concrete or metal burial vaults (also called outer burial containers) and a casket, rather than a simple shroud, as a matter of cemetery policy. (See How to Go Out Greener.)
- New Hampshire law defines fetal death by a weight of 350 grams or up to 20 weeks gestation. Fetal deaths must be reported to the Medical Examiner if no medical authority or hospital was involved to complete a fetal death certificate.
- New Hampshire law recognizes POLST (Provider Order for Life-Sustaining Treatment) Title X, 37-L
New Hampshire Funeral Laws & Administrative Rules
Burials and Disinterments Laws (RSA 290)
Cemeteries (RSA 289) (includes info on home burial in NH)
Crematories (RSA 325-A)
Embalmers and Funeral Directors Regulations (RSA 325)
Prearranged Funeral Contracts; Content; Procedures (RSA 325:46)
Office of the Chief Medical Examiner (RSA 611-B)
Vital Records Administration – Death Registration Forms & Procedures (RSA 5-C:62)
Responsibility of Funeral Director, Next of Kin or Designated Agent (RSA 5-C:66)
Cemeteries (RSA 289) (includes info on home burial in NH)
Crematories (RSA 325-A)
Embalmers and Funeral Directors Regulations (RSA 325)
Prearranged Funeral Contracts; Content; Procedures (RSA 325:46)
Office of the Chief Medical Examiner (RSA 611-B)
Vital Records Administration – Death Registration Forms & Procedures (RSA 5-C:62)
Responsibility of Funeral Director, Next of Kin or Designated Agent (RSA 5-C:66)
Offices and Agencies Contact Information
Regulations, Policies, and Laws: Professionals vs. Private Citizens
Regulations for Funeral Professionals
Where a professional, licensed funeral director or practitioner is involved, New Hampshire Mortuary and Cemetery Board regulations must be followed. Regulations, however, are for licensed professionals, not private citizens.
What Families Need to Know
When a family is caring for their own dead without a licensed provider, they need only follow the laws of the state regarding after-death tasks that are required, what the time frame is for completion, and how the process works. (See How to Have a Home Funeral, How to Arrange Disposition, How to Complete Paperwork, and New Hampshire Legal Essentials above.)
Institutional Policies
When institutions such as hospitals, hospice providers, and care facilities are involved, families may encounter policies that limit the rights that families have under state law. Unfortunately for the ease of removing and transporting the body of a loved one, these institutions are businesses that have the right to set and enforce their own policies, despite the next-of-kin's right to custody and control. We recommend making contact early with administrators who have the capacity to assist families choosing to transport themselves. (See How to Work With Professionals.)
For More Information on Legal Requirements & What To Do if Your Rights Are Challenged
To learn more about the finer points of legal timeframes and requirements, go to Quick Guide to Legal Requirements. While you are there, take a look at What to Do When Families' Rights are Challenged. Both are included in the booklet Restoring Families' Rights to Choose: The call for funeral legislation change in America. Concerns about handling the practical aspects — filing documents, caring for the body, making the arrangements, legal requirements — can be addressed by our How To pages. You can print out our For Professionals pages for those you encounter who are unfamiliar with families’ legal rights to care for their dead. Trained Home Funeral Guides are available to answer any questions you may have. For faith communities and other groups who are interested in providing after-death care to fellow congregants, Undertaken With Love: A Home Funeral Guide for Congregations and Families by Holly Stevens and Donna Belk is included in the newly republished After-Death Care Educator Handbook (available on Amazon) is intended as a how-to manual for all, not just faith communities.
Where a professional, licensed funeral director or practitioner is involved, New Hampshire Mortuary and Cemetery Board regulations must be followed. Regulations, however, are for licensed professionals, not private citizens.
What Families Need to Know
When a family is caring for their own dead without a licensed provider, they need only follow the laws of the state regarding after-death tasks that are required, what the time frame is for completion, and how the process works. (See How to Have a Home Funeral, How to Arrange Disposition, How to Complete Paperwork, and New Hampshire Legal Essentials above.)
Institutional Policies
When institutions such as hospitals, hospice providers, and care facilities are involved, families may encounter policies that limit the rights that families have under state law. Unfortunately for the ease of removing and transporting the body of a loved one, these institutions are businesses that have the right to set and enforce their own policies, despite the next-of-kin's right to custody and control. We recommend making contact early with administrators who have the capacity to assist families choosing to transport themselves. (See How to Work With Professionals.)
For More Information on Legal Requirements & What To Do if Your Rights Are Challenged
To learn more about the finer points of legal timeframes and requirements, go to Quick Guide to Legal Requirements. While you are there, take a look at What to Do When Families' Rights are Challenged. Both are included in the booklet Restoring Families' Rights to Choose: The call for funeral legislation change in America. Concerns about handling the practical aspects — filing documents, caring for the body, making the arrangements, legal requirements — can be addressed by our How To pages. You can print out our For Professionals pages for those you encounter who are unfamiliar with families’ legal rights to care for their dead. Trained Home Funeral Guides are available to answer any questions you may have. For faith communities and other groups who are interested in providing after-death care to fellow congregants, Undertaken With Love: A Home Funeral Guide for Congregations and Families by Holly Stevens and Donna Belk is included in the newly republished After-Death Care Educator Handbook (available on Amazon) is intended as a how-to manual for all, not just faith communities.
