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Friday, September 20, 2024

Can I legally require a signed settlement for spay/neuter?


Query

I’m not a breeder, however I’ve a litter of puppies from an unintended mating for which I want to search out properties. I need to stop future accidents and don’t need them to breed. I’m contemplating requiring new homeowners to signal a notarized settlement stating the animal could be spayed or neutered when age-appropriate. The puppies’ vet instructed utilizing a part of the charge to prepay for surgical procedure as an incentive. I believe that is a good suggestion but additionally understand it alone is not a assure it might be finished since as soon as the charge is paid, the brand new homeowners don’t have any ties to what the cash is used for. Can I require new homeowners to signal an settlement, and the way legally binding wouldn’t it be? Would it not should be notarized to make it legally binding?

Reply

Whereas a lawsuit in opposition to an adopter or purchaser for breach of an adoption or animal sale contract may be introduced if the adopter/purchaser fails to spay/neuter as prescribed within the sale/adoption settlement, these instances can take some time and could also be pricey. Within the meantime, extra litters may be born. It’s typically higher to have animals spayed/neutered previous to sale/adoption. Many shelters already spay/neuter previous to releasing animals for adoption. When they don’t, it is not uncommon for shelters both by coverage or regulation to require adopters to signal an settlement to have the animal sterilized by a sure date and to go away a spay/neuter deposit which is refundable solely upon well timed proof of spaying/neutering. Notarizing is just not essential however requiring that ID be proven (and retaining a replica of it) could also be useful.

Whereas indirectly on level to your query, Florida’s regulation states, partly: “…provision shall be made for the sterilization of all canines and cats bought or launched for adoption from any public or non-public animal shelter or animal management company operated by a humane society or by a county, metropolis, or different integrated political subdivision, by both: (a) Offering sterilization by a licensed veterinarian earlier than relinquishing custody of the animal; or (b) Coming into right into a written settlement with the adopter or purchaser guaranteeing that sterilization will probably be carried out inside 30 days or previous to sexual maturity. The shelter or animal management company shall require a adequate deposit from the adopter or purchaser, which deposit shall be refundable upon presentation to the shelter or animal management company of written proof by the veterinarian performing the sterilization that the animal has been sterilized.” Native legal guidelines differ so they need to be checked out.

As you’ve got personally seen, failing to spay/neuter may end up in indiscriminate breeding. There are already so many homeless animals at shelters/rescues (together with puppies and kittens) ready for a loving dwelling.

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