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IN HB1426
Bill
Status
1/17/2017
Primary Sponsor
Julie Olthoff
Click for details
AI Summary
HB 1426 Summary
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Establishes that when a minor child dies, the parent with sole legal custody or primary physical custody (in cases of joint legal custody) has authority to make decisions regarding the child's body disposition, including autopsy, cremation, and funeral arrangements.
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Amends multiple Indiana Code sections (IC 16-36-2-3, IC 23-14-31-26, IC 23-14-55-2, IC 25-15-9-18, IC 29-2-16.1, IC 31-17-2-17, and IC 36-2-14-6) to consistently apply this custodial parent priority in autopsy consent, funeral arrangements, cemetery burial authorization, and anatomical gift decisions.
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Clarifies that the custodial parent's authority over a deceased minor child's disposition supersedes the authority of other family members in the succession hierarchy for these decision-making powers.
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Effective date: July 1, 2017.
Legislative Description
Issues relating to the death of a minor. Provides that if a minor child dies, the parent awarded: (1) sole legal custody; or (2) primary physical custody (if joint legal custody was awarded to the parents); is the parent who may decide issues regarding the disposition of the child's body, including autopsy, cremation, funeral arrangements, or anatomical gifts.
Last Action
First reading: referred to Committee on Judiciary
1/17/2017