Law Commission consults on framework for future regulation of new funerary methods
The Law Commission has published a consultation on new funerary methods, seeking views on a framework to enable future regulation in England and Wales.
These methods are alternatives to the established ones of burial, cremation and burial at sea.
They include alkaline hydrolysis, which uses water and alkaline chemicals, and heat, to break down a body into a liquid and bone fragments, and human composting, which involves keeping a body in a controlled environment so that remains are broken down into soil much more quickly than in a burial.
They are not currently regulated or available in England and Wales. However, they are available in countries including Ireland, the US, Canada and Australia but lack clear legal status in England and Wales.
The Law Commission said it was not considering which new funerary methods should be regulated, which would be a question for the Government to consider in future.
The consultation aims to address a range of issues including:
- Principles: It asks whether the Government should be required to take certain principles, including the preservation of human dignity, into account when regulating new funerary methods.
- Licensing: The Commission asks whether licensing should form part of the regulation of new funerary methods.
- Criminal offences: The use of new funerary methods that have not been regulated would be a criminal offence under the proposals. There would also be new criminal offences relating to the use of regulated new funerary methods, including offences similar to those that already exist for cremation – "for example making false representations and procuring the use of a new funerary method to conceal a crime or impede a prosecution".
Professor Alison Young, Commissioner for Public Law and the Law in Wales, said: “The established funerary methods of burial, cremation and burial at sea have existed for a long time. New methods are being developed, and the law has not changed to make provision for them.
“Our proposals for new legislation would enable the future regulation of new funerary methods. While we are not proposing or advocating any particular methods, we believe a new regulatory framework will enable people to have more choice in future about what happens to our bodies after we die.
“It is important to ensure that this is done sensitively, with appropriate safeguards, and in line with principles that underpin the regulation of existing funerary methods, including the preservation of human dignity.”
The consultation runs until 4 September 2025.
