In the world of animal adoption, there are many regulations. Most focus on the welfare of the animal, but some come to the frustration and grief of the people who adopt them. Adoption agreements (not just in the Midwest) often state that if the adopter wants to abandon the adopted animal, the animal must be returned to the shelter. This gives the rescuer/shelter the opportunity to screen potential adopters. However, rescue/animal shelters sometimes work with an adopter who wants to bring an adopted animal home and knows someone interested in adopting the animal. An adoption agreement is a contract. Just like with other contracts, people who don`t want to sign the contract can walk away and not sign it. Potential adopters can look elsewhere for an animal in the hope that the conditions of adoption will be more acceptable to them. Many rescue groups in the Midwest include a clause in the deal that they say is legally binding. The clause prohibits an adopter from giving the dog to someone else and states that if you have to hand over the dog, you must send it back to the rescue group. Is it legal? When I adopt a pet, it becomes my responsibility, emotionally, financially, etc. I have never given a pet and I am financially able to cover exceptional medical care and I have done so (e.B hip replacement, chemotherapy, radiotherapy, 8 years old several prescription eye drops for severe dry eye).
I do not want to sign an agreement with this clause because I do not believe that rescue groups can continue to claim rights. Most organizations consider the cost of adoption or application fee to be a non-refundable donation. Whether you are refused, decide not to adopt the animal or return it after a few weeks, that money is probably gone forever. There`s an old saying that goes, “Let the buyer be careful.” Today, you need to be careful when adopting dogs and signing contracts on dogs. It is likely that contracts such as the one cited above would never be performed in court. Nevertheless, defending against a lawsuit takes a lot of time, money and emotions. Read all adoption contracts carefully. Some shelters or rescues may claim a “higher title” and monitor the animal for the rest of its life.
This gives them the right to take it back if you are not up to date. Check your contract. Some shelters and rescues have contracts that stipulate that they will make a home visit: these contracts have not been tested in court. They may result in the transfer of responsibility to the organization if such agreements are valid. Here is the story of such an interaction between this type of rescue group and a family that has adopted one of the group`s pit bulls: I know that some of them may be more legal than others. But to what extent are these contracts binding? If I bought and raised something even though the contract I signed says I can`t? Surely no lawyer would defend a home inspection against an individual??? Read on for more information about the rules and laws surrounding pet adoption, organizations, and animals. They then informed us that the adoption contract we had signed gave them an additional 4 months before they had to take the dog. After the 4 months, they would take the dog, but we owed a $500 “damages” fee. We hope you will enter your adoption process informed. To learn more, inquire with the following resources or explore your own state`s pet adoption laws. “Adopting” pets is a wonderful way for people to own a pet that needs a home. However, organisations involved in these adoptions should exercise caution when using contracts that may not be legally binding, expose them to unnecessary responsibilities or harm the welfare of the animals they are supposed to protect.
Contracts like the previous ones are dangerous because they purport to give the adoption organization and anyone acting on its behalf the right to behave in a way that would otherwise be criminal. An example of such behavior was seen on YouTube in 2007. Actress Ellen DeGeneres and her partner Portia de Rossi “adopted” a Brussels Griffon mix on September 20, 2007. When the dog did not fit into their household, they did what dog owners almost always do: they gave the dog to someone with children who seemed able to provide the dog with a good home. However, they enraged the person who had “adopted” the dog. She ran a “dog adoption agency” and when she “adopted” a dog, she made people sign a contract that limited what can be done with the dog in the future. Based on the concept of “adoption” and the wording of this contract, “the adoption agency” demanded the return of the new family`s dog. The video showed a person storming the family yard, grabbing the dog and then running away with him. To what extent is a contract for the adoption (sale) of pets legally binding? The following text is taken from our adoption contract. Please read this carefully as you will be asked to sign a legally binding document containing this text.
If you adopt a puppy under six months of age that has not yet been modified, you will also need to sign the castration agreement. I recently attended the 20th Annual Education Conference of the American Veterinary Medical Law Association. During one of the networking discussions among colleagues, an interesting topic was the requirement of certain shelters or rescues (collectively, “shelters”) that adoptive families must enter into “adoption contracts” before being allowed to “adopt” a pet. Most of the professionals involved in this discussion agreed that these contracts entail unintended responsibilities to shelters and can harm animal welfare. Some adoption or rescue organizations have developed contracts that claim to give them perpetual rights to control adopted dogs. Some of these contracts are intended to give members of the organization the right to enter the home of the dog`s new owner without notice or permission, dictate how and where the dog can be kept, and other things. For example, some contracts include language in which the shelter and the adoptive family agree that the shelter essentially retains ownership of the animal after it is “adopted.” This language is a mistake for several reasons. First of all, and most importantly, if a person decides to “adopt” an animal, there should be a 100% commitment to owning that animal for life. Any contract that includes a simple end for the adoptive family to return the pet for any reason sends the wrong message. Secondly, from a legal point of view, animals are personal property and are owned or not. A contract that attempts to change ownership status by inserting the word “adopted” can be confusing and, if challenged, the contract itself may be considered void because it is not legally sound. Third, attempts to retain ownership of an “adopted” animal through an animal shelter could expose that organization to liability if the “adopter”`s care of the animal is found to be deficient.
For example, the shelter may be held responsible for injuries the animal has inflicted in the future, or even be charged with cruelty to animals if the “adopter” does not take sufficient care of the animal. Attempts by shelters to order visits to the animal after “adoption” to ensure proper care may expose inspectors to additional liability if injuries occur during these visits. As another example, some contracts include language that prescribes specific preventive medical care that goes beyond the obligation to sterilize the animal, for example. B certain vaccinations. This wording should be changed so that the licensed veterinarian can make the right decision on a case-by-case basis. For example, with regard to vaccines, the veterinarian, with the contribution of the adoptive family, should determine which vaccinations are appropriate and recommended for each pet, in addition to the vaccinations required by law (for example. B, rabies in some species). For an animal shelter, prescribing certain vaccines seems very inappropriate – an animal`s needs depend on where it lives, the conditions it is exposed to (which can change over time), and any underlying disease or condition that affects the animal`s immune system. It`s totally just out of curiosity, I don`t intend to break contracts. The contract in question contained the following clause that gives the adoption organization the right to send someone to the family home at any time without permission or notice: I understand that by voluntarily signing this agreement, I am entering into a legal and binding contract with the A Forever Home Rescue Foundation.
A breach of one or more provisions of this Agreement shall be deemed punishable by the AFH. In the event of a breach of the Agreement, I agree to pay at least $500.00 in damages. In addition, in order to facilitate the recovery of damages in the event of a breach of contract, I waive any dispute of the location and agree that the appropriate location for this matter is the Commonwealth of Virginia and Fairfax County. .