No Embalming Required Under California Law and What Families Should Know

Closed casket? Open casket? Embalm? Don't Embalm? There are so many questions related to funeral services that only come to a family's attention after someone dies.

It's important for families to know the laws related to funeral service. Laws about embalming and funeral requirements differ depending on the state. Most family members only ask questions about embalming when they have to deal with it.

As an educational refresher, families should know that embalming is not required under California law.

Joshua Slocum, Executive Director of the Funeral Consumers Alliance, reminds families that they are not required to embalm a body in California to have it present in a funeral service.

"No state requires embalming for public viewing except Minnesota. I don't believe any state requires embalming for a closed casket service," Slocum said. "A family is required to embalm in California only if refrigeration isn't used, and more than 24 hours pass after death. I know of no rule that says the body can't be taken out of refrigeration for a closed casket service before the burial. Indeed, that would be ridiculous - how would a funeral home even get the body to the cemetery if it couldn't come out of the refrigerator? Families should be sure the funeral business they use offers refrigeration if that choice is important to them."

If a family is being told by the funeral home that they must embalm a body and pay for additional services that they don't believe are required under California law, what should a family do?

"The first thing I would do is say to the business 'show me the law you claim exists.' Usually, no such law exists. My next response as a consumer would be, 'The Federal Trade Commission bars you from lying to me about non-existent legal requirements for funeral goods or services. I expect you'll want to retract that start over, dealing with me in an honest fashion,'" Slocum said. "I do urge families to file complaints of this behavior with the California Cemetery and Funeral Bureau, the FTC and Funeral Consumers Alliance."

Many families are uneducated about funeral laws and their options, because most people do not face these questions until someone dies. Slocum reinforces the need for families to be educated about funeral laws and their consumer rights.

"Unfortunately, most of what we think we know about funerals is dead wrong. Even more worrying how many funeral directors - who should know better - don't know relevant laws and rules that affect funeral consumer rights. This is why it's so important for people to 'bone up' on their rights before they make their final purchase," Slocum explained. "Families have the right to choose only the goods and services they want from a funeral home, with very limited exceptions. FCA's Web site has more than 20 free pamphlets that explain those rights on our Frequently Asked Questions page at www.funerals.org."

Lisa Carlson, author of "Caring for the Dead: Your Final Act of Love," adds that embalming may be required in California in certain situations.

"Some airlines will require embalming, but Delta is fairly cooperative, I believe. Another country may require embalming when shipping to that country," Carlson said. "Bodies kept for medical study will be embalmed but it is a much less invasive process."

Carlson notes that the law can be superceded by funeral home policy.

"The Federal Trade Commission permits funeral homes to require embalming as a matter of policy." Carlson added, "If one doesn't like the policy, find a different funeral home."

For more information on embalming visit Funeral Consumers Alliance.

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