Is Legal Embalming Necessary? Understanding the Laws and Practices of Embalming

What Does It Mean to Embalm?

Embalming is outlined as "the act of treating a dead body with chemicals (as in order to sterilize, disinfect, or preserve it)". It is used in many instances by funeral homes or embalmers to preserve their clients from mars and decay due to natural elements. The process of embalming can be done in a variety of ways depending on how long the embalmer would like their clients to be preserved. Two of the most common are arterial embalming and hypodermic embalming, both used in training, making a proper climate needed for all to be able to work on a deceased body. Arterial embalming sends fluid through the arteries, while hypodermic embalming goes through the skin. There are also methods used for skin, eye, mouth and even arterial closure. Professional embalmers have highly trained methods for the full embalming process that needs to happen when preparing bodies for funerals . The embalming process also requires refrigeration to preserve the body until the body is going to be viewed. There are several factors that are considered when embalming a body, and these include the time that has passed since the death, the climate in which the deceased lived, and when the deceased died. Due to the practice of embalming, most people are able to hold funeral services a day or two after the death of the deceased. Even embalming is not an exact science, there are many things that could cause problems in the method used, gases and liquids used can become imbalanced, and can create discoloration or improper swelling of the body. Sometimes changes are needed to the body so that it is more visually appealing; however, if the embalmer has done their job properly there should be no need for any changes to the body, other than dressing it.

Laws Surrounding Embalming

Despite the claims of some funeral directors that it is required by law, embalming is not mandatory under federal law with only two exceptions. First, pursuant to a Federal Trade Commission (FTC) rule, if the family chooses a direct cremation and requests that embalming be done as an additional service, the funeral home can charge for embalming even if it is not absolutely necessary for the care of the body. However, if embalming is not actually done, the funeral home must return any fee charged for embalming. A big money saver for the family.
Second, the law requires that certain bodies transported in an airtight container or leak-proof receptacle be embalmed. Bodies held longer than 24 hours in some states may also provisionally require embalming. In some states, backup regulations make embalming mandatory in the absence of alternative arrangements for the disposition of a dead body, such as refrigeration.
Even though embalming is not required under federal law, many states require embalming or other preservation for bodies held longer than 24 hours in certain circumstances, including a death by communicable disease such as AIDS, tuberculosis, hepatitis, cholera, rubella, meningitis, typhus, and meningococcal disease. Some states have also included bodies with certain gunshot wounds, stab wounds, or other trauma, and those bodies that are burned or mutilated.

When Is Embalming Lawfully Required?

In most states, embalming is not required by law. Instead, most states’ laws require that disposition of a decedent occur "without unnecessary delay," and as a matter of practical application, embalming a decedent if not properly refrigerated (see below) or preserved is usually contrary to that requisite of "without unnecessary delay." Some exceptions depend upon a particular state’s laws and the manner and place in which the deceased is ultimately to be laid to rest.
Some state laws or health department regulations set forth circumstances when embalming is likely to be required or prudent. For example, New Jersey only requires that a decedent be properly cared for so as not to endanger the public health. Thus, in New Jersey, a funeral director need not embalm at all if the funeral home is refrigerated or if the family has selected a method of disposition such as immediate burial or cremation, proper use of refrigeration of the decedent will preserve the remains for disposition without having to embalm. Even where refrigeration is not available and some time passes to affect the ultimate disposition, New Jersey law and its Department of Health promulgated regulations specifically require embalming under the following two circumstances: The New Jersey law, N.J.A.C. 8:6-2.5, requires the embalming of a body when the "body is not refrigerated and left unattended." N.J.A.C. 8:6-2.5(a). The New Jersey regulation, N.J.A.C. 8:6-2.5(a)(5), provides that a body, which has been in cold storage, can be removed and left unattended for a period of up to 24 hours before it must be embalmed or refrigerated, again.
Conversely, Iowa requires embalming in its absence, or after "removal from the place of death … at or on the way to a funeral establishment, or in any instance where no disinterment authorization certificate issued by the board of health pursuant to rule 641—32.11 (144) is on file." I.A.C. 641-42.5(144). A funeral director who intends to practice his or her profession in Iowa, such as those seeking an Iowa license or internship hours, should have a general knowledge of the state’s laws and regulations concerning embalming requirements.

Embalming Statutes by State: What You Need to Know

With embalming viewed as an invasive procedure, funeral professionals often encounter the complicated question of whether it is, or should be, a legal requirement. The answer varies across state lines: twenty-two states and the District of Columbia do have the requirement, but the rest do not. In states that do not require embalming, funeral professionals must place hold on bodies for varying periods of time until burial or cremation occurs in most cases. More stringent states have fewer options and more conditions surrounding the placement of holds.
Embalming Requirements by State
Alabama – No
Alaska – No
Arizona – Yes
Arkansas – No
California – No (except Orange County)
Colorado – Yes
Connecticut – Yes
Delaware – Yes
District of Columbia – Yes
Florida – Yes
Georgia – No
Hawaii – Yes
Idaho – Yes
Illinois – No
Iowa – No
Kansas – Yes (Except for Morgan or Osage County)
Kentucky – Yes
Louisiana – Yes
Maine – No
Maryland – Yes (Not currently, however; the regulation was rescinded as of September 2013)
Massachusetts – No
Michigan – Yes (Except in part of Marquette County)
Minnesota – No
Mississippi – Yes
Missouri – No
Montana – Yes (Except Flathead County)
Nebraska – No
Nevada – No
New Hampshire – No
New Jersey – Yes
New Mexico – Yes
New York – No
North Carolina – No
North Dakota – Yes
Ohio – Yes
Oklahoma – Yes
Oregon – No
Pennsylvania – No
Rhode Island – No
South Carolina – No
South Dakota – Yes
Tennessee – Yes (Except in Davidson and Sumner counties)
Texas – No
Utah – No
Virginia – Yes
Washington – No
West Virginia – No
Wisconsin – No
Wyoming – Yes

Options Other than Embalming

Some states allow alternatives to embalming – including refrigeration and hydration, which are monitored by the state’s board of health. In many cases, embalming is not necessary if the body is deposited into a refrigerated area of a building. Some facilities have an area that has refrigeration units that hold the temperature at a constant level and is always running. The facility must also have an alarm that goes off in the event of a loss of power. They must have a log where each time there is any activity in the body area, it is documented with the date and details about the refrigeration, including the temperature. Some states require that the bodies be rotated in such refrigeration if the length of time in the refrigeration is more than 24 hours. The mechanics of the body will cause fluids to pool in the lower areas of the body if left alone. The refrigerator must be lowered to a level that keeps this from happening.
Hydration is another option that is offered by some funeral homes. In most cases, the body must be embalmed before hydrating and this is not a substitute for the embalming process . This is a reconstructive technique and mainly only serves to rehydrate the tissue. This is generally used for only a short period of time and is not a long-term treatment option. Some funeral homes may offer porous tubing and then hook it up to a fluid and tissue solution. This requires little equipment and can be easy for some funeral homes to administer. This may also be referred to as arterial hydration.
Some funeral homes may offer green burial options, which can also be referred to as natural burial. Each state has regulations that govern natural burial. Natural burial does not involve embalming and the state has to approve of the grave for the corpse that is buried. If the body is being buried in a national park, then the rules of the park’s services must be followed. Natural burial places the body in a grave without casket or vault. Green burial does not require toxic chemicals for embalming, concrete vaults, traditional gravesites, caskets, or invasive burial processes. The body is left to decompose naturally. The body is put inside biodegradable materials and buried for about three to twelve feet in a biodegradable container. The body absorbs into the environment.

Cultural and Moral Considerations

Ethical, religious, and cultural considerations surrounding embalming vary widely. From deeply held personal beliefs to communal traditions, these perspectives inform whether or not a body will be embalmed for final disposition.
In some cultures, embalming is viewed as an unnatural act that interferes with the process of decomposition. For these communities, minimizing the amount of handling of the body can also be important. In the 2008 documentary "Graveyards," a self-identified mortician explained how her practice is to literally put the body back in the ground after taking a little blood from the heart.
Embalming may also disrupt the process of memory-making after death. The same documentary features a family who prepared the body of their loved one at home. They dressed him themselves, placed him in a simple casket, and wrote a note. They then went around to all of his friends and celebrated his life, showing pictures, and encouraging attendees to share their own memories. Embalming 101 has no place in this scenario; the body was buried without the family seeing it again.
Faith traditions also strongly influence opinions on the practice of embalming. In Judaism and Islam, embalmers are viewed as desecrators who are to be avoided at all costs. For Jewish families, the body is treated with great respect according to Jewish law and within the bounds of their interpretation of God’s wishes. After death, Jewish families do not embalm their deceased. Muslims, too, believe God knows how long the decomposing process needs to take.
The Islamic Health and Beauty Association published a statement on embalming in 1993 saying it was "fundamentally incompatible with an Islamic burial, and results in damage to the body which may be irreversible, contrary to Islamic precepts."
Certain faith practices require cemeteries to embrace or deny embalming. State law dictates how long a person’s remains must legally be buried following death. The Islamic Funeral Home & Cemetery in Los Angeles, California, for instance, explains why it will not embalm:
We do not embalm because the Quran prohibits it. As Muslims, we return our deceased to the ground as soon as possible following their death. Embalming increases the time between death and burial to a point where there is no guarantee, after four days, of how healthy Jeremiahs body still is. In addition, our sincere belief that those who die with faith will be resurrected within what is a short time span from Allah’s perspective, renders the practice of embalming unnecessary. Embalming increases the time between death and burial to a point where there is no guarantee, after four days, of how healthy Jeremiahs body still is.
After your loved one passes away, contact the funeral home you plan to use to find out what the state requires. Embalming is not required in most cases, so see if the funeral home can provide you with the transfer of remains you need to complete the arrangements.

How to Decide About Embalming

Understanding the role of embalming is essential for making informed decisions about your own preferences or for those you may be responsible for planning after their death. Here are some key steps you can take to help ensure that your preferences are honored: Discuss Your Preferences with Others: It’s important to communicate your wishes for embalming, or lack thereof, with family members to avoid panicked discussions at the time of your passing. You can also discuss your preferences with your attorney or power of attorney that may handle the funeral arrangements. Ask the Funeral Director Questions: When planning a funeral , be sure to ask the funeral director if they have a contract with a specific embalmer, and make sure that contract is in writing. If you have questions about the embalming process or the reason why it’s necessary for your situation, be sure to ask. Review Contracts: Most funeral homes and cemeteries have written contracts available, so you can see exactly what you’re paying for. You don’t need to sign anything until you’re ready, and you can ask questions at any time.