The Law Commission recently published the second part of the Government Project on Burial, Cremation and New Funerary Methods and are inviting interested parties for their input and feedback.
This latest paper, the Law Commission Consultation on New Funerary Methods in England and Wales deals with implementing laws that cover new funerary methods in England and Wales.
What is The Law Commission of England and Wales?
The Law Commission of England and Wales is an independent body established by statute to make recommendations to government to reform the law.
What is The Burial, Cremation and New Funerary Methods Project
The Burial and Cremation Reform consultation paper is part of a larger project called the Government Project on Burial, Cremation and New Funerary Methods. This project came into being following a previous consultation, the 13th Programme of Law Reform 2017, and covers three areas – Burial and Cremation Reform, New Funerary Methods, and Rights and Obligations Relating to Funerals, Funerary Methods, and Remains. This paper covers the second part of this project.
What is The Law Commission Doing in Relation to New Funerary Methods in England and Wales?
At present, there is no specific regulation of new funerary methods in England and Wales. So, on 4th June 2025, The Law Commission published a Consultation Paper about new funerary methods which focuses on creating a new legislative framework to enable their regulation. Once responses have been gathered and analysed, the Commission will make recommendations to Government who will decide how to take them forward. The publication of the final Report, with a draft Bill, is expected in spring 2026.
The consultation paper contains provisional proposals for reform on a number of issues, including:
- A power for the Government to make regulations about individual new funerary methods
- Registration of the use of a new funerary method
- Criminal offences (relating to the use of regulated and unregulated new funerary methods)
What Are the New Funerary Methods?
A funerary method is a way of dealing with the body of a deceased person. For the purposes of this Consultation Paper, The Law Commission define a new funerary method as:
…an alternative to the established funerary methods of burial, cremation and burial at sea.
It is important to note that new funerary methods do not include different variations on existing methods, for example natural burial, which is still a form of burial. Nor does it include practices that are aimed at preserving the body, such as cryonics.
Currently, two of the main new funerary methods that are used in other parts of the world (but not in England and Wales) are alkaline hydrolysis (also known as ‘water cremation’) and human composting. The Law Commission are not considering whether these, or other, new funerary methods should be regulated; that will be a question for Government.
What is Alkaline Hydrolysis (also known as water cremation)?
With alkaline hydrolysis the body is not in fact cremated, since no combustion takes place, but broken down into liquid and bone fragments using water, alkaline chemicals, and heat. The final liquid is water-like, sterile and DNA free. Similar to flame cremation, the soft bone remains that are left are then processed to a fine white powder. These ‘ashes’ are returned to the families in an urn. The filtered water can be used in a number of ways and any substances that don’t dissolve (such as fillings and medical devices) can be collected for reuse or recycling as appropriate.
Alkaline hydrolysis is available in some parts of Australia, Canada and the US, and in Ireland and South Africa. It is not currently available in England and Wales but a study, facilitated by Middlesex and Shefield Universities, used it for the bodies of five people in 2019.
What is Human Composting?
Already available in some states in the USA, natural organic reduction, also known as ‘human composting’, harnesses and enhances natural processes of decomposition to speed up the breakdown of the body. The body is placed in a sealed chamber with carbon-rich organic matter to aid faster decomposition. This process takes approximately two to three months and the resulting soil is returned to the bereaved and/or placed on land by the service provider.
Existing Principles and Considerations Which May be Relevant to New Funerary Methods
Three principles which underpin the existing regulations of burial and cremation are explored in the Paper. These are:
- Protection of the environment
- Public health and public safety
- Human dignity
The Consultation Paper looks at how these new funerary methods are regulated in other jurisdictions in order to inform what a new legal framework in England and Wales might look like.
Summary
New funerary methods are being developed and are in use elsewhere, but there is currently no regulatory framework for their use in England and Wales. The Law Commission believe that it is important to legislate to ensure that any new methods are properly assessed and regulated, and this part of the Government Project on Burial, Cremation and New Funerary Methods aims to address this.
If you are a member of the public, an expert in this area, a potential operator, or are involved in the death care sector and want to get involved, this is your chance to have your say and to contribute to the discussion. The deadline for responses is Thursday, 4th September 2025. Please go to Law Commission Consultation on New Funerary Methods in England and Wales.