Law and permits
What applies in Romania:
- Law 102/2014 on cemeteries, human crematoria, and funeral services (Legea nr. 102/2014). The technical and sanitary norms directly refer to its Article 9 regarding exhumation.
- Technical and sanitary norms regarding funeral services, burial, transportation, and exhumation (Normele tehnice şi sanitare, HG nr. 741/2016).
What the norms say (Article 29 in its 2016 wording):
- exhumation within 7 years of burial can be carried out after one year from burial, only from November 1 to March 31;
- this requires a sanitary permit (aviz sanitar) from the Public Health Directorate of the county or Bucharest (Direcţia de Sănătate Publică, DSP);
- there must be only one purpose: reburial in another location.
The Timișoara regulations add: after 7 years from death, bones can be exhumed at any time of the year without a DSP permit, but only with the approval of the cemetery owner.
How to apply
First, we contact the cemetery administration: this may be a municipality, a church, or a religious community. If less than 7 years have passed since the burial, we submit an application to the DSP of the county where the cemetery is located. The sanitary permit form (Annex 6 to the norms) lists both the old cemetery and the new one. Therefore, the burial place in Ukraine must be known in advance.
How long to wait
The norms do not set a processing time. The DSP permit has a validity period "from... to...", so the work must be carried out within this timeframe. If it is April and less than 7 years have passed, the exhumation will not be carried out until November.