Here's the short answer: yes. Pet aquamation is legal in all 50 states, regardless of what you may have read about "legal in about half the country." That statistic is real, it's just describing a different law.
Why the Confusion? Pet vs. Human Aquamation Are Regulated Separately
Aquamation, also called water cremation or alkaline hydrolysis, for human remains is approved state by state under funeral law, and it genuinely does vary a lot — legal and operating in some states, passed but not yet offered by any provider in others, and not yet addressed by legislation at all in many more.
Pet aftercare is a completely different legal category. It's regulated as animal aftercare, not funeral law, and it isn't tied to any of that human-focused legislation. That's why a provider can legally offer pet aquamation in a state where human aquamation isn't available yet — the two simply aren't governed by the same rules.
Human Aquamation Legal Status, State by State (2026)
Since this is the source of most of the confusion, here's where things actually stand for human remains, based on legislative status as of August 2026.
Legal and available: Alabama, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Maine, Michigan, Minnesota, Missouri, Nevada, North Carolina, North Dakota, Oklahoma, Oregon, Tennessee, Virginia, Washington, and West Virginia currently permit human aquamation with active licensed providers.
Legal, but not yet offered by any provider: Idaho, Kansas, Maryland, Vermont, and Wyoming have laws permitting human aquamation, but no licensed funeral home in these states has implemented the equipment or approvals to actually offer it yet. Legal recognition and real-world availability aren't the same thing.
No legislation yet: Alaska, Arkansas, Delaware, the District of Columbia, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Mississippi, Montana, Nebraska, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, and Wisconsin have no current law addressing human aquamation one way or the other. Several of these, including Pennsylvania and New York, have active bills under consideration.
Explicitly illegal: New Hampshire is currently the only state where human aquamation is explicitly prohibited by law.
What This Actually Means If You Have a Pet
None of the above changes anything for your pet. Because pet aftercare is regulated separately, pet aquamation is a legal option in all 50 states, including New Hampshire, Texas, Ohio, and every other state listed above regardless of category. The real question for pet owners isn't legality, it's whether a provider offering the service exists near you, since aquamation facilities are still far less common than traditional flame cremation, especially outside larger metro areas.
State Guides
We're building out detailed guides for individual states, covering local providers, real pricing, and what's specific to each state's situation:
Available now: Pennsylvania: Is Pet Aquamation Legal in Pennsylvania? · Florida: Pet Aftercare in Florida: Cremation, Aquamation, and What to Expect
Coming soon: Ohio, Texas, California, New York, New Hampshire, Nevada, and Montana.
Frequently Asked Questions
Is pet aquamation legal in every state? Yes. Pet aftercare is regulated as animal aftercare rather than under human funeral law, so pet aquamation is legal in all 50 states, even in states where aquamation for human remains isn't yet permitted.
Why do state legality maps for aquamation seem to contradict each other? Most of those maps describe human aquamation law, which does vary significantly by state. They're often mistaken for pet aquamation law, which doesn't vary at all, since it's a separate legal category.
If aquamation is legal for humans in my state, does that mean there's a provider nearby? Not necessarily. In five states, aquamation is legally permitted for humans but no licensed provider currently offers it. The same gap between "legal" and "available" applies to pet aquamation in many areas too.
Is New Hampshire really the only state where aquamation is illegal? For humans, yes, it's the only state with an explicit prohibition. For pets, aquamation remains legal even in New Hampshire, since pet aftercare isn't covered by that law.
Wherever You Are, a Place to Remember Them
No matter which state you're in or which aftercare option you choose for your pet, most families want the same thing afterward: somewhere meaningful to keep their memory close.