In Elder Law News

Tropical fish on a colorful coral reef.Takeaways

  • The evolution of burial practices reflects shifts in cultural values, religious beliefs, environmental awareness, and technological advancements.
  • Eco-friendly and innovative body disposition methods, such as green burials, reef burials, and space burials, are gaining popularity.
  • As societal attitudes continue to evolve, the future of burial and body disposition will likely see continued innovation and legal changes.

The finality of death and the uncertainty of what comes after are difficult topics for many people to talk about. Though the topic makes some people squeamish, it is an important part of life that we all have to handle. Over millennia, people have honored their deceased relatives and friends in different ways.

Burial and body disposition practices have evolved with civilization, reflecting shifts in cultural values, religious beliefs, environmental awareness, and technological advancements. From traditional burials rooted in religious customs to emerging eco-friendly methods, the journey of how we handle the deceased offers a fascinating glimpse into our society’s evolving relationship with death.

Evolving Burial Practices

In the early days of the United States, burial customs were deeply influenced by European traditions and religious beliefs. Christian settlers typically buried their dead in simple wooden coffins, often in churchyards or family plots. The focus was on modesty, humility, and returning the body to the earth.

The American Civil War marked a turning point in burial practices. With soldiers dying far from home, embalming became popular as a way to preserve bodies for transport back to grieving families. This practice, once reserved for the wealthy, became more widespread and accepted, laying the groundwork for the modern funeral industry.

By the late 19th and early 20th centuries, funeral homes became common, offering embalming services and organizing elaborate funerals. The use of ornate caskets, formal mourning attire, and structured ceremonies reflected Victorian-era values around death and mourning.

Growing Acceptance of Cremation

Though cremation was introduced in the U.S. in the late 19th century, it faced resistance from religious groups and traditionalists. By the mid-20th century, however, attitudes began to shift, influenced by factors such as urbanization, cost considerations, and changing religious views.

The Catholic Church’s acceptance of cremation in 1963 helped normalize the practice, and by the 21st century, cremation had become the most popular method of body disposition in the United States. According to the Cremation Association of North America, over half of Americans were choosing cremation over traditional burial by 2020 — a significant shift from previous generations.

Some people choose to have their cremated remains, or cremains, buried in a family plot in a cemetery; others want to have them scattered in a place that was special to them during their lifetime. Among the more unusual arrangements for cremains was that of writer and founder of gonzo journalism Hunter S. Thompson, who famously had his cremains fired from a cannon built on his property in Colorado during a memorial party in his honor.

The Rise of Eco-Friendly Burials and Alternative Practices

In recent decades, concerns about the environmental effects of traditional burials and cremation have led to the emergence of eco-friendly and innovative body disposition methods. These practices reflect a growing desire for sustainability and a closer connection to the natural world. Take note that not all options listed below are legal in all states, so be sure to do your research to comply with your state’s laws.

Green Burials

Green burials emphasize minimal negative effects on the natural environment. Bodies are buried without embalming, in biodegradable caskets or shrouds, allowing natural decomposition. Green burial sites often resemble nature preserves, blending seamlessly into the landscape.

The Green Burial Council, established in 2005, has helped promote and certify eco-friendly burial options. Its website also offers a state-by-state listing of green cemeteries nationwide.

Late actor Luke Perry is one celebrity who chose a green burial, having opted for a compostable mushroom burial suit on his farm in Tennessee so that his body would be returned to the earth and provide nourishment for the plants.

Alkaline Hydrolysis

Alkaline Hydrolysis, also known as water cremation or aquamation, uses water, heat, and alkaline chemicals to break down the body, leaving behind a sterile liquid and bone fragments. It uses less energy than traditional cremation and produces no harmful emissions. Alkaline hydrolysis has been legalized in several states, though it remains controversial in others due to regulatory and cultural concerns.

Natural Organic Reduction

Legalized in Washington State in 2019 and gaining traction in other states such as California and Oregon, natural organic reduction, also known as human composting, transforms human remains into nutrient-rich soil. The body is placed in a vessel with organic materials, such as wood chips and straw, and over several weeks microbial activity breaks down the body into compost. This process appeals to those seeking a sustainable, life-affirming way to return to the earth.

Reef Burials and Space Burials

Some innovative companies offer to mix cremated remains into materials that help create artificial coral reefs, supporting marine ecosystems. Others provide celestial burials, launching a small portion of ashes into orbit or deep space — appealing to science enthusiasts and those looking for an otherworldly final resting place.

In early 2024, cremains of original Star Trek actors and the show’s creator were launched into space. The launch was dubbed the Enterprise Mission in a nod to the spaceship that is the focal point of the Star Trek franchise.

Cultural and Legal Shifts

As new body disposition methods emerge, cultural attitudes toward death are shifting. Many Americans are becoming more open to discussing death and exploring alternatives to traditional funeral services. This has also led to legal changes, with more states recognizing and regulating alternative practices such as alkaline hydrolysis and human composting.

Religious groups are adapting as well. Though some still prefer traditional burials, others are embracing environmentally friendly methods in line with broader ethical or theological commitments to stewardship of the earth.

As environmental concerns grow and societal attitudes continue to evolve, the future of burial and body disposition in the U.S. will likely see continued innovation. Advances in technology, coupled with a desire for sustainable death care and personalization, will no doubt shape how future generations honor their dead.

Legal Considerations

Since there is no federal law dictating how human remains are disposed of, each state has its own regulations outlining organ donation, burial practices, cremation, and other disposition methods. This is especially noteworthy since the laws of the state where a person dies largely dictate how their body can or can’t be disposed of. This should be a consideration for those who spend significant amounts of time in different states.

If someone expresses their wishes in their estate plan for a certain type of body disposition method and they execute that estate plan in a state that allows such burial but they end up dying in a state that does not allow that type of disposition, it could create issues for the surviving family members or their body disposition wishes may not be realized. Working with an experienced estate planning attorney can help you avoid this issue.

Learn More About End-of-Life Planning

Planning for the end of your life will bring you and your loved ones peace of mind and will allow your loved ones to focus on honoring your life when the time comes. An estate planning attorney near you can help you create an estate plan that fits your lifestyle and beliefs.

A professional specializing in this area of law can also help you shape a range of important estate planning documents designed not only to ensure that your final wishes are honored, but also to that your loved ones are provided for after you are gone.

For additional reading about end-of-life planning and estate planning, check out the following articles:

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