Back to this week
The duty to arrange burial or other funeral arrangements for a child who dies no longer falls on both parents automatically when there is an award of legal decision-making or a parenting plan saying which parent has final authority to make legal decisions for the child; the rest of the bill is wording cleanup.
Official title: legal decision-making; decedent; authorization
- September 12, 2026
What changes
BeforeIf the person who died was a minor, the duty to bury or arrange other funeral and disposition arrangements fell on the parents.
NowThe duty still falls on the parents, unless there has been an award of legal decision-making or there is a parenting plan that says which parent has final authority to make legal decisions for the child.
Who it affects
- Parents of a minor who dies, especially parents with an award of legal decision-making or a parenting plan
- Funeral homes and others who make funeral and disposition arrangements
What you need to do
Nothing.
What the law doesn't answer
- Who exactly takes on the duty when an award of legal decision-making or a parenting plan exists, such as whether it falls only on the parent named as having final authority
- How the rule applies when an award of legal decision-making gives both parents joint authority
- How a funeral home is expected to learn about or confirm an award of legal decision-making or a parenting plan
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.