Can you still buy human remains?
These collectors adhere to Western models of ownership, property, and fair-market exchange; they feel that they own the remains that they purchased or that were found on their property, in the same way that other enthusiasts might collect art or one-of-a-kind statuary. After all, US law directs that if a plot of land has a gold mine on it, the owner of the land also owns the mine and any resources extracted from it. If a person owns land that has a burial site on it, why should they not also own those burials and anything found within them? The people buried there lived so long ago that it is possible that they have no living descendants, or if they do, that those descendants didn’t know about the existence or location of the remains until an amateur archaeologist dug them up.
Currently, it is legal for collectors to buy and sell these remains, although many websites ban or restrict the practice. Additionally, most human bones for sale are not Native American—many come from antique medical specimens and modern body donations, and still others might be of non-Native American but forensic or archaeological origin.
There are organizations with the specialist knowledge to be able to identify bones that were likely obtained illegally or in ethical “gray zones”, such as Skulls Unlimited. These companies continue to sell bones to artists and collectors when they are able to confidently assess the provenance of the remains, and confirm that they were not misappropriated.