In cases of dispute regarding remains, who generally has the primary right to authorize disinterment?

The spouse is recognized as having the primary right to authorize disinterment in cases of dispute regarding remains. This legal principle stems from the recognition of the marital relationship, which typically carries a higher legal standing in matters concerning the disposition of a deceased person's body. The spouse’s role is considered paramount due to their close personal connection and responsibility for decisions relating to the deceased.

In situations involving family disputes, while other family members like adult children may have vested interests, the spouse's authority usually supersedes that of adult children and other relatives. This framework is intended to respect the intimate relationship and responsibilities that a spouse has, facilitating a primary decision-making role in matters of disinterment or other related funeral arrangements.

While the state may have regulations regarding disinterment, ultimately, its involvement typically occurs when there are significant legal issues or public health concerns rather than in the prioritization of family rights. Thus, the legal precedence clearly identifies the spouse as the individual with the primary right to make such decisions.