Cremation ashes are what is left after a body is cremated. After the cremation process is finished, the remains are mostly bone fragments that have been ground into a fine powder. These ashes are given to the family or the person in charge of the funeral arrangements. What happens next depends on the law, the rules of the place where the ashes will go, and what the family or the person who died wanted.
When someone dies and is cremated, the crematorium gives the ashes in a container, usually an urn. The family gets paperwork with the ashes. This paperwork often includes information about what can and cannot be done with the ashes, based on local laws and the rules of the crematorium or cemetery [1]. In many places, the law does not treat cremation ashes the same way it treats a full body. That means there are fewer strict rules, but there are still important legal things to follow.
If the ashes are going to be buried in a cemetery, the cemetery has its own rules. Some cemeteries only allow ashes to be buried in certain areas, like a special section for cremated remains or an ash garden [1]. Others may require that the urn be placed inside a protective outer container, sometimes called an urn vault, to keep the ground from sinking over time [8]. Some cemeteries allow the ashes to be scattered in a plot instead of being buried in an urn, but they still want the family to follow their rules about where and how this is done [1].
If someone wants to bury the ashes on private land, the main rule is that the landowner must give permission. In the United States, for example, it is generally legal to bury ashes on private property as long as the person who owns the land agrees [5]. There is usually no need for a special permit from the government just to bury ashes on private land, but local zoning or health rules might apply in some areas. It is a good idea to check with the local government or a funeral director to make sure there are no local restrictions [5].
When ashes are buried in a cemetery or on private land, the family may choose to use an urn. Urns can be made of many materials, like metal, wood, ceramic, or biodegradable materials. Some cemeteries have rules about what kind of urn can be used, especially if the urn is going to be buried in the ground. For example, some cemeteries do not allow certain types of handmade or decorative urns if they are not strong enough or if they are made of materials that do not meet the cemetery’s standards [5]. On private land, the family has more freedom to choose the type of urn, or they can even bury the ashes without an urn if they want to [5].
Scattering ashes is another common option. The rules for scattering depend on where the ashes are being scattered. If the ashes are going to be scattered on private land, the landowner must give permission, just like with burial [5]. If the ashes are going to be scattered on public land, like a park or a national park, the rules are set by the government agency that manages that land.
In the United States, it is generally legal to scatter cremated ashes in national parks, but each park has its own rules [4]. The National Park Service manages these parks, and they allow scattering as long as it is done in a respectful way and follows the park’s guidelines [4]. Some parks may require that the scattering be done away from trails, buildings, and water sources, and some may ask that the family notify the park in advance [4]. A few parks do not allow any human remains to be left behind, especially in areas that are historically or culturally sensitive, so it is important to check with the specific park before scattering ashes there [4].
Scattering ashes in water, like a lake, river, or the ocean, also has legal rules. In the United States, scattering ashes at sea is allowed under federal law, but there are specific requirements [2]. The Environmental Protection Agency (EPA) has regulations for burials at sea, which include scattering ashes [2]. Under these rules, ashes must be scattered at least three nautical miles from shore [2]. Only biodegradable materials can be placed in the ocean, so urns or containers made of plastic, metal, or synthetic materials should not be used unless they are designed to break down safely in water [2].
If a boat is used to scatter ashes at sea, the boat must be a licensed U.S. Coast Guard–approved vessel if the scattering is part of a formal burial at sea service [2]. This is to make sure the ceremony is safe and follows maritime law [2]. After the scattering, the person or company that conducted the service must report the details to the EPA, including the date, location, and vessel information, through the EPA’s official online reporting portal [2]. If these rules are not followed, there can be legal penalties, and it can also harm the marine environment [2].
For families who cannot attend a sea scattering in person, some services allow the ashes to be mailed to them using the U.S. Postal Service Priority Mail Express [2]. The service then scatters the ashes at sea and provides a Certificate of Burial at Sea with GPS coordinates, and they file the required report with the EPA on behalf of the family [2].
When ashes are transported, especially by air, there are rules to follow. Most airlines allow cremation remains to be carried as carry-on or checked luggage, or shipped as cargo, but each airline has its own policy [5]. It is important to check with the airline before traveling with ashes. The ashes should be in a secure container, like a cremation urn that seals tightly, or in a sealed bag inside the urn, to prevent any spillage during transport [5].
If ashes are being brought into the United States from another country, there are federal rules to follow. The Centers for Disease Control and Prevention (CDC) has regulations for the importation of human remains [3]. For cremated remains, the CDC does not require a permit, as long as the remains are fully cremated [3]. Cremated remains are considered clean, dry bone fragments, and they are not subject to the same strict rules as uncremated bodies [3].
However, the ashes must still be properly packaged and accompanied by the correct documents. The CDC says that cremated remains must be in an urn or similar container that is suitable for transport [3]. The person bringing the ashes into the U.S. should also have a death certificate and any other documents required by the country where the death occurred and by U.S. authorities, such as a consular mortuary certificate or an affidavit from a foreign funeral director [3]. These documents help prove that the remains are cremated and that the death has been properly recorded [3].
Different religions have different views on what should be done with ashes, and some of these views are tied to official religious rules. In the Roman Catholic Church, cremation is allowed, but the church has specific guidelines about how the ashes should be handled [7]. The Catholic Church says that ashes should not be scattered, divided among family members, kept at home, or turned into jewelry or other keepsakes [7]. Instead, the church
