Where Is Aquamation Legal: State-by-State Guide 2026

United States: 29 States and Counting

As of 2026, alkaline hydrolysis is explicitly legal in 29 U.S. states. But "legal" and "available" are not the same thing. Provider availability changes, so confirm that an active facility can accept the arrangement before proceeding.

New Hampshire has explicitly prohibited aquamation by law.

New York finalized its regulatory framework in early 2026 and now permits active installations. Pennsylvania has an active bill (HB 722) that passed the House and is awaiting Senate action.

States where aquamation is both legal and has active providers include California, Colorado, Illinois, Missouri, Nevada, North Carolina, Oregon, and Washington, among others.

Canada: Five Jurisdictions

Canadian availability is more straightforward. Aquamation is legal in Saskatchewan (since 2012), Ontario (since 2015), Quebec (since 2015), Newfoundland and Labrador (since 2019), and the Northwest Territories (since 2020). Ontario has the most established provider network.

United Kingdom

Scotland became the first jurisdiction in the UK to approve alkaline hydrolysis for human use. Availability in England, Wales, and Northern Ireland is still developing through regulatory review.

What If Your State Does Not Allow It

If aquamation is not legal where the death occurs, you have two options.

Interstate transport. You can arrange for the body to be transported to the nearest state with an active facility. This requires a transit permit from the state of death and compliance with the receiving state's intake requirements. California, for example, requires the hydrolysis process to begin within 24 hours of taking custody unless the body is refrigerated. Transport across state lines adds cost and time.

Pre-need documentation. If you are preplanning and your state currently lacks a law or facility, you can establish a pre-need contract with a funeral home that specifies aquamation as your preferred method. Include a clause that authorizes transport to the nearest legal jurisdiction. This prevents your family from having to make the interstate transport decision under the pressure of acute grief.

Why Legality Varies So Widely

Aquamation regulation sits at the intersection of funeral law, public health, and wastewater management — three different bureaucracies that move at very different speeds. Some states have updated their definitions of cremation to include alkaline hydrolysis. Others require entirely new legislative frameworks. A few face opposition from traditional funeral industry lobbying groups or from religious organizations that object to the wastewater discharge.

The trend line is clearly toward legalization: no state that has legalized aquamation has reversed course, and several new states consider legislation each year.

For a current legal reference organized by state, along with guidance on arranging interstate transport and the specific permits required, our Aquamation Coordination Guide includes a jurisdictional map and transport logistics worksheet.