Family Law

Disinterment Rights

By Alexander Rhoads

While not a "family law" case in the traditional sense, today's Iowa Supreme Court decision of Stark v. Stark does implicate spousal rights.  In the case, the surviving spouse of the deceased husband sought to disinter and rebury the husband's body apparently because he was buried "near plots owned by Audrey, his first wife, and the Stark children."  The surviving spouse applied for and received a permit from the Iowa Department of Public Health to do so.  The children then obtained an injunction in district court permanently enjoining the surviving spouse from disinterring the remains. 

The Supreme Court's decision follows traditional statutory interpretation principles and does not open new legal ground in any substantive respect beyond the facts of the case.  But the facts of the case and the relative (no pun intended) rights of the various parties involved are something to be considered, as this is probably an emotional issue (i.e., where to or who decides where to bury a parent/former spouse) that arises more frequently than one would otherwise suspect.

Full post as published by Iowa Divorce and Family Law on September 14, 2007 (boomark / email).