Even after making it to the surface via the Way, the Servant of Kelemvor will not let you re-spawn from a static quest death. One of the DMs online at the time told me that this was probably a bug to be fixed, so...
I am pretty sure people from the underdark are not allowed to respawn on the surface.
This isn't a bug, I'm almost certain of that!
Old characters(Created pre EfU:A) cannot respawn at last check. No matter what.
Raise or ressurection only.
Makes playing them all the sweeter, IMO.
Indeed, no bug.