Who is responsible to spay/neuter pets from a rescue?

Question

My daughter recently adopted a dog that started out as a foster, and he is not fixed. Was the rescue group responsible for getting him neutered?

Answer

There is a New York State law which states that animal shelters and humane organizations may not release a dog or cat for adoption unless the dog or cat is spayed or neutered, or the potential adopter executes a written agreement to have the dog or cat spayed or neutered within 30 days from the adoption date or 30 days from the time the dog or cat reaches 6 months of age. The law further requires the potential adopter of unspayed or unneutered dogs or cats to leave a spay/neuter deposit with the shelter/humane organization unless the cost of spaying/neutering was included in the adoption fee (in which case the shelter/humane organization must bear the cost of the spaying/neutering procedure). The law further states: “Deposits collected … shall be refunded to the adopter upon presentation to the animal shelter, pound, dog control officer, humane society, dog and cat protective association, or duly incorporated society for the prevention of cruelty to animals of written documentation from a licensed veterinarian that the dog or cat has been spayed or neutered, provided that the animal has been spayed or neutered within the time specified in the written agreement, or that because of old age or other health reasons, as certified by a licensed veterinarian examining the dog or cat, spaying or neutering would endanger the animal’s life.” Important to note, however, is that some municipalities have enacted their own spay/neuter laws. For example, New York City’s law requires shelters to spay/neuter prior to releasing dogs and cats eight weeks of age of older for adoption unless a veterinarian certifies that sterilization would endanger the life of the animal.