From the Winter 2025 issue of The Independent magazine. 

The Legal Landscape of Fingerprint Collection in Funeral Homes

In an era where personalization and memorialization are at the forefront of the funeral profession, a growing trend among funeral homes is the collection of fingerprints from deceased loved ones. These prints can be used to create keepsakes, such as jewelry or artwork, offering families a tangible and deeply personal way to remember those they've lost. However, this practice raises important legal and ethical questions funeral directors and families alike must navigate. 

The Purpose and Popularity of Fingerprint Collection

Fingerprint collection is often marketed as a service that enhances the grieving process by allowing families to keep a unique piece of their loved one with them. Many funeral homes partner with companies that specialize in turning fingerprints into necklaces, rings, or even framed prints. The process is simple: after obtaining permission from the next of kin, the funeral director collects the fingerprint, typically using a digital scanner or ink pad, and sends it to the vendor. 

While many families appreciate this service, not everyone is aware such a practice exists. Funeral homes must take extra care to ensure they approach fingerprint collection with sensitivity and transparency. 

The Legal Framework: Consent is Key

One of the most critical legal aspects of fingerprint collection is obtaining proper consent. In the United States, the deceased's next of kin - such as a spouse, adult child, or parent - usually holds the authority to make decisions about the body. Funeral homes must secure written consent before collecting fingerprints, as failing to do so could result in legal repercussions. Without explicit authorization, fingerprint collection could be deemed an invasion of privacy or even constitute the unlawful handling of a body. 

State laws also play a role in regulating fingerprint collection. While no federal law specifically governs this practice, some states have broader regulations regarding the handling of human remains. Funeral homes should familiarize themselves with their state's statutes and consult legal counsel to ensure compliance. 

It is worth noting misconceptions about legality often extend beyond fingerprint collection. As Jason LeMaster, a funeral service professional points out, "There are a lot of people who believe it is illegal to take photos of the deceased without written permission, and that is false. If you have an ID process in your firm and take a photo of every person for tracking and IDing, that's 100% legal - and you do not have to have permission to do that." This underscores the importance of understanding legal allowances versus ethical considerations when handling the deceased. 

There are many important considerations related to fingerprint collection, including privacy concerns, data protection, and ethics. To learn more about these and gain some best practices that you can use in your funeral home, read the full article in The Independent magazine archive.