Answer

XXXXXX:

No embalming is not required, except in certain circumstances transporting across state lines in certain states or if you wish to have an open casket funeral. Yes, cremation may be done on a body that was not first embalmed.

"The Funeral Rule statement on embalming requires funeral service providers to inform consumers that the law does not require embalming (unless in a specific special case when it does). The language the FTC requires says:
"Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial."
See: http://www.funeralplan.com/products/embalming.html

"Is Embalming Required By Law?
No, in Florida embalming is not required by law. However, embalming is required if the family has selected a funeral service with a public wake or viewing. Embalming is also required if the deceased is to be transporting from one state to another by common carrier. For example, if an individual passes away in Florida and is to be transported by airplane to Ohio for burial, embalming would be required."
http://www.wattsfuneralhomes.com/_mgxroot/page_10760.html

Here is a very interesting link on questions related to embalming titled "What You Should Know About Embalming":
See http://www.funerals.org/faq/embalm.htm
Here is the same thing in brochure form: http://www.funerals.org/pdfs/embalming.pam.pdf

Here is another Q&A on embalming that discusses cases when embalming is required.
See http://www.icfa.org/embalming.htm

I hope that helps. Please let me know if you have any followup questions. If none, please remember to click on the ACCEPT link so that I may receive credit for working on this topic with you.

Thank you,

Dan
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The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state

Expert:	Dan
Pos. Feedback:	99.7 %
Accepts:	941
Answered:	9/10/2007

Retired JD

Retired attorney, general practice, with an additional background in financial planning,