Is Embalming Required by Law? What the FTC and States Say

No. The FTC says no state law requires routine embalming for every death, and the federal Funeral Rule bars a funeral home from telling you otherwise. Direct cremation and immediate burial need no preservation at all. There are a few narrow cases, mostly time limits and shipping by common carrier, where a state rule or a funeral home's own policy can call for embalming or another form of preservation.

What does the law actually say about embalming?

Embalming is a chemical process that slows decomposition for a short time, usually so a body can be viewed or transported. The Funeral Consumers Alliance (FCA) says it delays natural decomposition rather than stopping it.

The FTC's Funeral Rule (16 CFR Part 453) sets firm limits on how a funeral home can talk about embalming. A home may not:

• say the law requires embalming when it doesn't
• say embalming is required for direct cremation or immediate burial
• say it is required for a closed-casket funeral with no viewing, if refrigeration is available and the law doesn't require embalming

Every General Price List must also carry a statement next to the embalming price. It says that, except in certain special cases, embalming is not required by law, and that you usually have the right to choose an arrangement that doesn't need it, such as direct cremation or immediate burial. Our guide to the General Price List explains the rest of the document.

This is not just a technicality. In its first undercover phone sweep in 2023, the FTC found a funeral home that claimed the local health code required embalming if more than a certain number of people wanted to view the body. It wasn't required. The FTC noted that most states don't require embalming, and that the few that do only require it in limited circumstances, such as when refrigeration isn't available.

When can embalming be required?

There are a few situations where something other than the funeral home's preference can come into play. The rules differ by state, so treat these as examples, not a complete list.

Time limits. The FTC says some states require embalming or refrigeration if the body isn't buried or cremated within a set time, and some don't require either. Florida is one example. Under section 497.386, a body can't be held more than 24 hours after death, pending final disposition, unless it is refrigerated at 40 degrees Fahrenheit or below, or embalmed or otherwise preserved in an approved way. Refrigeration meets that rule.

Transport by common carrier. The FCA says Alabama, Arkansas and New Jersey require embalming when a body crosses state lines, and that several other states require it if public transportation is used. Some states instead accept a sealed container. The FCA's list isn't dated, so check the current rule with the funeral home or state regulator. Our guide to transporting a body across states covers permits and options. International shipping has its own rules set by the airline and destination country, so ask the firm handling the shipping. Our guide to repatriation costs covers what that involves.

Other special cases. The Funeral Rule itself says embalming is not required "except in certain special cases," and it does not list them. State and local rules differ, so if a home says one applies to you, ask it to show you the specific rule.

If the home says one of these applies to you, the Funeral Rule lets it charge for embalming only where the law requires it in your circumstances. It must then explain why on the itemized statement.

Is embalming required for a viewing or open casket?

Not by law in most states. Many funeral homes require embalming for a public viewing, but the FTC says that is the home's policy, and it suggests asking whether the home offers a private family viewing without embalming. If some preservation is a practical need, ask whether refrigeration is available.

Our guides to viewing without embalming, private family viewing and funeral without viewing go further.

When can a funeral home charge for embalming?

Only in three situations under the Funeral Rule:

1. State or local law requires embalming in your circumstances, whatever funeral you choose.
2. A family member or other authorized person approved it in advance, with embalming expressly named.
3. The home couldn't reach anyone after real effort, had no reason to think the family objected, and got approval afterward. When it asks for that approval, it must tell you that you owe an embalming fee only if you choose a funeral that requires embalming, such as one with a viewing, and that no fee applies to a direct cremation or immediate burial.

The itemized statement the home gives you must say you don't have to pay for embalming you didn't approve if you chose arrangements such as direct cremation or immediate burial. If it charged for embalming, it must explain why. Check that line before you pay. For typical prices, see our guide to embalming costs.

What are the alternatives to embalming?

• Direct cremation or immediate burial. Both are priced on the General Price List and need no viewing or preservation. See what direct cremation is and direct burial costs.
• Refrigeration. The FTC says refrigeration is an acceptable alternative in most cases. Not every funeral home has it, and some charge by the day, so ask for the rate in writing.
• A private family viewing. The FCA says private or home viewing by family and close friends can happen without embalming. See keeping a body at home and cooling a body at home if you're considering a home vigil.
• Green burial. Natural burial uses no embalming chemicals. See our green burial guide.

Some faiths don't allow embalming. The FCA says Muslim, Bahá'í and Orthodox Jewish traditions prohibit it, and Hindus and Buddhists who choose cremation have no need for it. Practice varies within every tradition, so speak with your own faith leader.

Does embalming protect public health?

The FCA, citing the CDC, says embalming provides no public health benefit. Families most often choose it for appearance at a viewing, or to allow a longer gap before the service. It is a personal choice rather than a safety step for the people who visit.

What to do next

1. Ask each funeral home for its General Price List and look at the embalming line and the statement beside it.
2. Decide whether you want a viewing. If you do, ask about refrigeration or a private family viewing first.
3. If a home says the law requires embalming, ask for the specific law and ask that it be written on your statement.
4. Before you pay, check the itemized statement for any embalming charge you didn't approve. You can report a home that misstates the law to your state funeral board or the FTC at reportfraud.ftc.gov.