Funeral legal framework in France

Everything about cremation in France

Cremation is an increasingly common practice in France. This guide will help you learn everything about cremation and its legal requirements.

Cremation: the definition

Cremation, also known as incineration, is a funeral technique that aims to burn and reduce the body of a deceased person to ashes. Along with burial, it is one of the most commonly used techniques worldwide for funeral practices.

In France, cremation is practiced exclusively in specialized establishments called crematoriums.

The history of cremation in France

In antiquity, cremation was the predominant funeral practice. It was even a sign of wealth in ancient Rome, with slaves and the poor being thrown into common pits.

With the advent of Christianity, burial became the dominant practice, reflecting the tomb of Christ. Moreover, burial is more compatible with resurrection than cremation.

Cremation was completely banned in 789 AD by order of Charlemagne in order to unite his kingdom around Christianity. It was not until 1887 that it was once again permitted in French legislation under the principle of the freedom of funerals, which laid the groundwork for the future separation of church and state in 1905.

Augmentation de la crémation en France

In the Catholic religion, this practice is very recent as it was only authorized by the Church from 1963 during the Second Vatican Council.

As a result, it is still a minority practice in France, although its growth is notable, especially in large cities. It accounts for ~40% of funerals throughout France.

Our European neighbors are far ahead, with 85% of Swiss people choosing cremation, and 90% of Londoners or residents of Copenhagen.

The growth of cremation can be explained by several complementary factors: the decline in religious practices, the dispersion and distance of families from burial sites, the lack of space in urban cemeteries, and above all the very high cost of concessions and maintenance of graves.

In the Protestant religion, cremation has been accepted since 1898 by the church. It is therefore much more prevalent than in Catholicism.

However, it is in Buddhism and Hinduism that cremation is most prevalent, as it is even mandatory in the latter case. In India, cremation is practiced on a pyre on the banks of a sacred river such as the Ganges. The ashes are then scattered in the river.

Orthodox, Muslim, and Jewish religions, on the other hand, do not allow cremation.

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French legislation and cremation

French law is very strict regarding cremation. As with burial, it must be carried out within a maximum of 6 days, excluding Sundays and public holidays, after the death.

And as with burial, a coffin is mandatory. It is forbidden to cremate a person without a coffin.

Moreover, when the coffin is closed, the police must be present to verify the identity of the deceased, and seals are placed on the coffin. Without these seals, the crematorium will refuse to proceed with the cremation.

Lastly, and not least, any electronic device, such as a pacemaker, must be removed before cremation. Indeed, during cremation, this type of device can explode and damage the cremation equipment, or even injure the crematorium staff.

Crematoriums in France

Cremations must take place in a crematorium. There are about fifteen in the Paris region, and only one in Paris, in the Père Lachaise cemetery.

Crematoriums are managed through public service delegation, meaning they are managed by private operators on behalf of the municipality where they are located. Cremation prices are set by the municipal council, and it is possible that discounts may be applied for residents of the municipality.

Legal possibilities concerning the ashes of a deceased person

For more details, you can consult this guide dedicated to the legal destinations of ashes.

In summary, here are the different options:

  • Scattering of ashes in nature

  • Scattering of ashes in the memorial garden of the crematorium

  • Scattering or burial on private property

  • Placing the urn in a columbarium niche

  • Placing the urn in a cavurne (small underground burial chamber)

  • Placing the urn in a vault

  • Sealing the urn to a burial site

However, since the "Sueur" law of 2008, it is forbidden to keep an urn at home. There is a tolerance for the time it takes for the family to gather and scatter the ashes.

Regarding the transport of the urn, for example within the country, there are no particular precautions to take. You can travel with it.

However, if you need to transport the urn abroad, you must obtain a laissez-passer from the prefecture, along with all the documents required by the destination country. Additionally, the urn is sealed.