Is there a legal age that foundation rescues are required to get spayed by?

Question

The shelter I am currently fostering-to-adopt from is telling me that I am not allowed to wait until the dog reaches 6 months to get spayed. They have scheduled a spay appointment for her in a few weeks when she will be 3 1/2 months old. The person I'm in contact with is saying it must be done before 6 months because "that's how the shelter system works" - is there a legal age that foundation rescues are required to get spayed by?

Answer

Rights of foster “parents” and shelters/rescues are usually contained in a written foster agreement. That agreement should be carefully reviewed. California law states, in part: “ … no public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall sell or give away to a new owner any dog that has not been spayed or neutered.” There is an exception if a veterinarian certifies that the dog is too sick or injured to be spayed or neutered, although the law further provides that the dog must be spayed/neutered within 14 days of being certified as healthy enough for the procedure. The law in California regarding spaying/neutering prior to adoption is the same for cats. Also worth noting is that many municipalities in California (and elsewhere) have enacted ordinances which require dogs and cats over the age of four or six months to be spayed or neutered unless the animal’s “parent” has an unaltered animal or breeding permit, or a veterinarian certifies that the procedure would jeopardize the animal’s health.