Question

I adopted a dog from a man who got her at a rescue. We have a written agreement. The rescue got wind and now wants me to return the dog to them or fill out an application. I don't agree with a couple of their policies so struggle with the app. I am happy to give references, home visit whatever to keep her. The dog is very shy and thriving in her new environment and I don't want her returned to the rescue. All communication has been with the previous owner, who is a really good person. I don't want problems for him. We both want what is best for the dog.

Answer

Animal adoption agreements often include provisions requiring adopters who no longer want to keep the animal to either return the animal to the rescue or shelter or obtain the rescue’s or shelter’s consent to re-homing. Given that the third party adopter is not a party to the agreement between the rescue/shelter and original adopter, it is particularly hard to know how a court will determine rights and obligations of the third party adopter. However, since the mission of rescues/shelters is to find loving forever homes for their animals, they are likely to consent to an adoption if the potential adopter meets their adoption standards. To avoid possible lawsuits and to avoid keeping the animal’s future in limbo, the simplest way to proceed in these instances is often to complete the adoption application. Of course, if the rescue denies the application and sues for the return of the animal (not a common occurrence), I suggest retaining a local attorney. Good luck!

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