Is it legal to bury people on private property?

Question

I live in Texas. I've heard that if you have more than fifty acres it is ok.

A few years ago there was this lady and she had a stillborn and so she buried her baby on her land. The baby wasn't 'born' in a hospital because she had a mid-wife. I was just wondering if this was legal. I thought that she might have just buried her baby with out reporting it.

I guess that brings me to my next question which is: Do you have to report stillborn babies?

Answer 1

It's legal as long as it meets certain guidelines:

(1) in or within one mile of the boundaries of a municipality with a population of 5,000 to 25,000;

(2) in or within two miles of the boundaries of a municipality with a population of 25,000 to 50,000;

(3) in or within three miles of the boundaries of a municipality with a population of 50,000 to 100,000;

(4) in or within four miles of the boundaries of a municipality with a population of 100,000 to 200,000; or

(5) in or within five miles of the boundaries of a municipality with a population of at least 200,000.

Also you need to file the location on a deed.  So, you can't just decide that your backyard is a family plot.

As far as reporting a stillbirth, there is a special birth certificate for stillbirths that is filed the same way as live births, which a licensed midwife does in the State of Texas.  You don't have to call the police since a medical official is present.

Answer 2

I live in New York and I know you have to get permission from the state.

Answer 3

Not in most counties; check with zoning

Yes; you do.

Answer 4

Depends on where you live.

I went to a private college where past presidents were buried right on campus and you could walk right past their graves.

It might be a bit unusual these days to have your relatives buried in your backyard, but I don't think it's entirely illegal.

Oh, and yes you do have to report still births just as you have to report live ones. Check with your vital records office on how this is done.