The National Museum of the Federal University of Rio de Janeiro (NM-UFRJ), Brazil, suffered a serious fire in 2018, resulting in the loss or severe damage of many collections. The human osteological collection, also affected, was one of the largest and oldest in the country, holding over two thousand entries from prehistoric to historic sites, including some international donations. The oldest remains were those of “Luzia”, dating to 11.5 thousand years. While part of the collection was recovered from the debris, the bones were mostly warped and damaged by the fire, making the possibility of identification uncertain. Therefore, this collection is now inadequate for regular forensic and bioarchaeological studies. Considering the need for the construction of a new human osteological collection, especially with forensic perspectives, we conducted a survey of Brazilian national and local (capitals of the Southeast region) legislation, regarding donation and institutionalization of human remains for scientific collections and ossuaries, considering the potential ethics and logistics aspects. Results suggest that legislation generally treats human remains studies and collections as an issue of lesser importance Thus, private donations may become the simplest way to receive human remains, even though they are generally age biased. We conclude that it is necessary to broaden legal and ethical discussions in order to build contemporary human bone collections with proper scientific potential for the needs of society.