This question often arises, especially since pets, such as dogs and cats, are now considered part of the family. Many owners even consider their pets as their only companion. Therefore, some express the wish to be buried with their animal when the time comes, even after having mourned their loss.
In France, unlike in other countries, the law prohibits burying a dog or cat in a tomb where humans are also laid to rest (or with several human bodies). In the UK, there are pet cemeteries where pets can be buried alongside their owners. Switzerland (both German-speaking and French-speaking regions) also allows this.
The “Félix Jurisprudence” has banned burying a dog in the family tomb.
To understand the origins of this ban in France, we must go back to 1959. On February 1st of that year, Mr and Mrs Blois, the owners of Félix, had to deal with the death of their dog. As Félix weighed less than 40 kg, they were not obligated to hand over the dog’s body to the rendering plant, as was the norm at the time. The dog could be buried in the garden (which is still possible today under certain conditions).
However, the owners of Félix, deeply attached to their dog, wished to have him buried in the family tomb. They made a request to the mayor of their commune, Artigues-de-Lussac (Gironde), and received verbal approval.
A Dog Buried in Discretion
Félix was buried quietly, in the presence of only his owners and a gravedigger. However, the news spread quickly, and two groups formed: those in favour and those against.
A Case that Stirred Up Controversy
The issue grew so large that the mayor rescinded his permission in writing and ordered that Félix be exhumed from the family tomb. When the Blois family did not comply, the mayor issued a formal decree requiring them to remove Félix’s body within 15 days. After the couple refused, the case was taken to the Libourne police court.
Eventually, the case made its way to the Council of State, which did not favour the Blois family (judgement of April 17th, 1963). Legal experts also weighed in, with Paul Esmein, a law professor in Paris, stating: “The presence of a dog’s body in a cemetery is an insult to the dignity of the deceased whose grave it shares.” Religious reasons were also mentioned.
Placing the Ashes of a Dog or Cat in an Urn
Despite the ruling from the Council of State, some argued that after cremation, the ashes of a dog could be placed beside a human body, as long as they were in an urn. This is still a possibility for those who wish to be buried alongside their pet. The law allows for “objects” to be placed with a deceased body, and an urn containing animal ashes is considered an “object.”
It is also worth noting that when you own private property, the Code of Local Government allows you to bury a person (at least 35 meters from a town, village, or hamlet). In this case, the Félix Jurisprudence does not apply (for example, actor Alain Delon has planned to be buried with his dogs and cats).
The law has prohibited the keeping of human ashes at home since 2008. These must either be kept or scattered in a designated place. They can, however, be buried on private property, with prior permission from the local prefecture.
Owners Who Ignore the Law
There are hundreds of cases where owners have ignored the law regarding being buried with their pet in a pet cemetery. With the consent of their loved ones, this wish, which seemed so important to them, was respected, without the knowledge of those outside the immediate circle.