Is Embalming Required for Cremation?

According to the Federal Trade Commission, no state requires embalming for every death. Some states do mandate embalming if the body is not cremated or buried within a designated period of time. Others have no restrictions at all. 

With that being said, funeral directors can require embalming if the body is to be on view in the funeral home. Furthermore, some funeral directors will tell you embalming is required by state law when, in fact, it is not. If your service provider insists that embalming is legally mandated in your state, ask them to show you a copy of the law. If they can’t produce it, you may file a complaint with the FTC. Telling you a statute exists when it does not is both unethical and illegal. 

Many people in the United States and Canada believe that embalming is an essential part of after-death care. However, according to the Funeral Consumers Alliance, embalming provides no public health benefit at all. What’s more, the chemicals used in embalming are so toxic that the National Institute for Occupational Safety and Health requires embalmers to wear respirators and full body protection when handling them. 

The only true reason to embalm a body is to preserve it for an extended period of time — for example, during interstate or international transport. As of 2016, two states, Alabama and Alaska,  require embalming when a body crosses state lines. Five other states — California, Kansas, Minnesota and New Jersey — require embalming when a body is being transported by “common carrier” (air cargo or train). 

If you are arranging cremation and wish to forego embalming, make your wishes clear to the service provider before contracting with them.  If they cannot or will not accommodate you, search for a provider who will. Alternatively, you may choose direct cremation shortly after the death. Direct cremation typically requires no preparation of the body at all.

For an overview of state laws about embalming and after-death care, refer to the National Home Funeral Alliance’s overview of state law. If you have additional questions or wish to find out more about legalities in your state, contact your state officials and local chapter of the Funeral Consumer Alliance or call the FCA headquarters at 802-865-8300.

Sources

“The FTC Funeral Rule”. Federal Trade Commission – Consumer Alliance. https://consumer.ftc.gov/articles/ftc-funeral-rule 

“Embalming Explained”. Funeral Consumers Alliance. https://funerals.org/get-help/making-decisions/embalming-explained/ 

“Laws by US State”. National Home Funeral Alliance. https://www.homefuneralalliance.org/state-laws.html