The Moon Is Open for Business
The American company Astrobotic’s Peregrine lander—about the size of a small car—suffered a fatal fuel issue shortly after launching from Cape Canaveral aboard a Vulcan Centaur rocket.
On board were “cosmic capsules.” The idea stemmed from a partnership between the company and global logistics firm DHL.
Under the agreement, anyone could send a 2.5 cm x 5 cm package to the lunar surface for less than $500. In addition to size restrictions, there are other limitations on the items in each package.
Founded in 2007 and headquartered in Pittsburgh, Pennsylvania, Astrobotic is one of the American companies providing NASA’s Commercial Lunar Payload Services, aiming to deliver technology to the Moon. Peregrine carried scientific instruments from six countries and numerous research teams. Perhaps surprisingly, sending ashes into suborbital or Earth orbit is not new—two American companies, Celestis and Elysium Space, offer such services starting at a few thousand dollars, popular among many, including astronauts. Lunar burials, however, cost more, around $13,000.
Approval for launching commercial payloads from U.S. soil involves a review process covering only safety, national security, and foreign policy. If Peregrine had successfully landed on the Moon, it would have marked the first commercial lunar burial. This remains uncharted territory, though not entirely unprecedented, as other celestial bodies are increasingly within reach.
Twenty years ago, NASA sent a portion of Eugene Shoemaker’s ashes to the Moon aboard the Lunar Prospector probe, sparking strong protests from the Navajo Nation. NASA promised to consult with them on similar matters in the future. Like many other Indigenous cultures, the Navajo regard the Moon as sacred and oppose its use as a memorial site.
NASA stated in a press release that it had no control over the contents of Peregrine, highlighting the gap between commercial enterprises and international space law.
Legal Minefields
Another issue involves national regulations on where and how ashes are stored, handled, and transported—and how these rules extend to space. For example, in Germany, ashes must be buried in cemeteries. As space privatization accelerates, ethical and legal questions grow more complex. The Outer Space Treaty (OST) declares outer space as “the province of all mankind,” prohibiting national appropriation but failing to address norms for private companies and individuals.
Thirty-two countries have signed the Artemis Accords, which extend protection to historically significant lunar sites—but this protection applies only to government missions, not commercial ones. No one owns the Moon; no one can grant burial rights, nor claim ownership of other worlds or celestial bodies. The treaty requires countries to authorize and supervise space activities, with “due regard” for the interests of other nations.
Many countries (e.g., Indonesia, Australia, New Zealand, and the United States) have space laws allowing them to reject payloads that conflict with national interests. Some, including Australia and the U.S., have apparently not considered such cases, but as commercial entities enter traditionally government-led domains, they may need to expand this framework.
Where to Draw the Line?
Earth’s orbit is already cluttered with defunct satellites, and farther out lie objects like Elon Musk’s Tesla.
We have scattered space probes across other planets, including the Moon, Mars, Titan, and Venus—but according to space archaeologist Alice Gorman, many of these are likely treasures rather than trash.
Apollo astronauts left official mementos, such as a plaque commemorating humanity’s first steps on the Moon. Some also left personal items, like Apollo 16’s Charles Duke, who placed a framed photo of his family.
Sending hair or a pet’s ashes to the Moon may hold no cultural or historical significance. So, as we venture into the cosmos and set foot on other worlds, we must ponder where to draw the line. We cannot and should not hold back private space enterprises, but this failed mission carrying ashes and non-essential payloads exposes unexamined issues in the legal and ethical infrastructure supporting commercial activities. It is worth pausing to reflect on future commercialization, such as asteroid mining and space colonization.