Question

Was fostering a dog to own from a shelter and was going to get her spayed but then found out she was pregnant. Instead of returning her to get spayed and aborting the pups, we decided it was in her best health to let her birth the puppies in our home. We then got the mother spayed, yet the shelter is now claiming ownership of the pups born at our home...saying they are the Shelter's property because the mother was still their property. Do we have any claim to these pups?

Answer

Rights and obligations of foster “parents” and rescues/shelters are often contained in a foster agreement so that agreement should be carefully reviewed. Fostering, unlike adopting, implies a temporary arrangement (until the foster “parent” adopts the animal). The owner of an animal (usually the shelter/rescue until the animal is adopted) generally would also own the animal’s offspring, although rights would be up to a court to decide if a lawsuit is commenced. I hope that everyone involved considers the best interests of all of these animals.

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question