Disinterment permit: laws and who issues it
Exhumation in the USA is regulated by the states. The permit is issued by the local registrar of vital statistics where the remains lie. The application is almost always filed by a licensed funeral director, not by the family. Here are three examples.
New York (state and city)
New York Public Health Law (Section 4144) prohibits removing a body from the state without a permit for removal or other disposition. The state sanitary code (10 NYCRR 13.3) adds that moving a body to another cemetery or a crematory requires a permit from the registrar where the disinterment takes place. The funeral director files the request on a form provided by the state, and on receipt the registrar issues the permit. No permit is needed for a move within the same cemetery.
In New York City, the disinterment permit is issued by the Office of Vital Records of the Department of Health and Mental Hygiene (DOHMH). The family does not apply directly: you go through a licensed funeral director. Funeral directors in the city also have to register with DOHMH.
California
California uses the general Application and Permit for Disposition of Human Remains (VS 9). It has a separate box for disinterment and a section for shipping outside the state or country. The permit is issued by the county's local registrar. The applicant signs that they hold the right to control disposition under Section 7100 of the Code.
If relatives disagree and the case goes to court, the law requires advance notice to the cemetery and to the relatives who did not consent (Section 7527). A local attorney confirms the exact notice period. In New York State the law requires at least 8 days' notice in person or 16 days by mail.
District of Columbia
In Washington, D.C., the application for disinterment and reinterment is signed by the next of kin or the decedent's representative and by the person in charge of the disinterment. It is approved by the Director of DC Health. The permit must accompany the body to its destination.
Other states work in a similar way, but forms, fees and timelines differ. Official sites rarely say how long a permit takes, so we check with the specific county.