§ 5212a. Removal; objections
(a) Unless removal is otherwise authorized by law, a spouse, child, parent, or sibling of the deceased may, within 30 days after the date notice was last published under section 5212 of this title, object to the proposed removal by filing a complaint in the Probate Division of the Superior Court of the district in which the body is interred or entombed. A copy of the complaint shall be filed with the clerk of the town where the body is interred or entombed.
(b) The Probate Division of the Superior Court shall, after hearing, issue its order authorizing removal of the body unless:
(1) removal would be contrary to the expressed intent of the deceased;
(2) removal is objected to by the surviving spouse of the deceased;
(3) removal is objected to by an adult son or daughter of the deceased and there is no surviving spouse of the deceased;
(4) removal is objected to by a parent of the deceased and there is no surviving spouse or son or daughter of the deceased; or
(5) removal is objected to by an adult sibling of the deceased and there is no surviving spouse, son or daughter, or parent of the deceased. (Added 1985, No. 206 (Adj. Sess.), § 2, eff. June 2, 1986; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
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