NYC Office of Chief Medical Examiner

Burial/Cremation

Requests for cremation must be approved by the Office of Chief Medical Examiner as per the City of New York Charter. Please consult with the funeral director providing services for compliance with this requirement.

As per Section 205.25 of the city charter re: Burial, cremation and transportation of human remains; permit §205.25(d).

Application for a cremation permit shall be made by the next of kin, legal representative or friend of the deceased. The application shall be supported [accompanied] by an affidavit which establishes the authority of such next of kin, legal representative or friend to request cremation.

The affidavit shall contain the name of the funeral director or undertaker who is to arrange for cremation, the name of the crematory where cremation is to take place and a statement that the applicant assumes all responsibility for the cremation. Such affidavit shall be maintained by the funeral director or undertaker.

No cremation permit shall be issued unless the application is approved by the Office of the Chief Medical Examiner pursuant to §878-3.1 of the Administrative Code.

Notes: Subsection (d) of Section 205.25 of the New York City Health Code was amended on September 14, 2004 to recognize the expertise of licensed funeral directors and rely on their representations that cremations have been properly authorized. It will also facilitate electronic filing of death certificates.