Law and Permits
Main law: the Burial and Cremation Act (Wet op de lijkbezorging), Article 29.
- A body is exhumed only with a permit from the mayor of the municipality where it is buried. For a private grave, the consent of the rechthebbende is also required.
- The mayor adds conditions to the permit: medical supervision, transport, and the new destination for the body (bestemming).
- An exhumed body can be cremated at the request of the relative responsible for the burial. If less than a year has passed since the burial, cremation requires written permission from the public prosecutor (officier van justitie).
Exhumation ordered by a court and the planned clearing of graves by the cemetery (ruimen) are regulated separately by law. We are looking specifically at exhumation at the family's request.
How to Apply
The application is submitted to the municipality (gemeente). Many municipalities have their own form, like Deventer. The application states the details of the applicant, the deceased, the grave, and the exact place where the body will be taken. For us, this means the cemetery in Ukraine must be chosen in advance.
How Long It Takes
The law does not set a processing time. Something else is important here: the mayor's decision is published in the municipal gazette. Objections to the decision are accepted for six weeks after publication. Because of this, the permit cannot be used right away: in Deventer (May 2026) it takes six weeks after publication, and in Raalte (July 2026) it takes eight. In other municipalities, the conditions may differ. So, realistically, plan for two to three months to get the permit.