This article has been written by Gaurav Chawla pursuing the Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution from LawSikho.
Table of Contents
Introduction
“Adopting one dog will not change the world, but surely for that one dog, the world will change forever.” Hundreds of pets including dogs are abandoned and rescued in India every day. There are many wonderful people across the nation who work extra hours and put in efforts beyond their capacity; however, there is always an insufficiency of funds and communication across the animal activist circuit. Dog adoption is a process of acquiring a dog from a shelter or rescue who is abandoned by their previous owners as opposed to purchasing a dog from a pet store, breeder or other people. The cost incurred for an adopted dog is minimal as the dog might already have received its vaccinations and be neutered or spayed. Rehoming a dog means finding a new home for a dog that needs a new home. Rehoming is not abandonment; as a matter of fact, its kind, mature, and responsible. The purpose of this article is to create awareness primarily about dog adoption, an option that helps the homeless or abandoned dog get home. Secondly, to provide insight on dog adoption and rehoming agreement and lastly, to analyse the benefits and shortcomings of the open adoption agreement.
The objective of the article
The objective of this article is firstly to approach the concept with a positive viewpoint and to analyse the significance of dog adoption and rehoming agreement. Further to determine the clauses of dog adoption and rehoming agreement and its applicability in India. This article mainly emphasizes the legal perspective of dog adoption and rehoming agreements. The author’s view in this article is mainly to promote the concept of adoption and identify and analyse the dog adoption and rehoming agreement.
What is a Dog Adoption and Rehoming Agreement?
Dog Adoption and Rehoming Agreement is an agreement between the owner/rehoming family who has the lawful owner of the dog and the adopter/adopting family who wants the ownership of the dog. This agreement transfers the ownership of the dog from one party to another. Everyone who wants to adopt a dog should enter into a Dog Adoption and Rehoming Agreement, this not only makes you the lawful owner but also helps in avoiding any future disputes.
This agreement is formed under the cornerstone of good faith and therefore the parties to the agreement are expected to honour the contents of the agreement.
Important clauses and other features of Dog Adoption and Rehoming Agreement
For the purpose of making a watertight agreement, there are various clauses that are added to the agreement. Some of the important clauses that shall be present are the following: –
- Introduction of parties
The introduction of both the parties should be done by specifying necessary details. It should include proper names and addresses of the parties. Sample-
This agreement documents the transfer of ownership of the dog named _______________________, from the Rehoming Family (_____________________________) to the Adopting Family (______________________________), located at this address (_____________________________ __________________________________________________).
- Term clause
This clause includes the time period for which the dog shall stay with the adopter or adopting family. The term for these types of agreements is for total life of the dog or until the dog is returned to the owner or rehoming family. Sample-
The agreement shall remain in effect for the life of the dog, or until the return of the dog to the Rehoming Family.
- Details of dog
This clause includes all the details provided by the owner or rehoming family. The details include Dog’s name, age, colour, sex, breed, whether the dog is microchipped, spayed or neutered, any health condition, total vaccinations are done and any other information.
Sample-
Name- Bruno Breed- Labrador
Age- 2 years Colour- Light Brown
Sex- Male Microchipped- Yes
Spayed or Neutered- Yes Health issues- No
- Representation and Warranties
A representation is basically an assertion of existing fact, true on the date that it is made. It is generally given to induce the other party to enter into the contract. A warranty on the other hand, is similar to representation. It refers to the present or future i.e., a present or future promise of a particular fact. Various Representations and warranties are given by the parties which usually increases the liabilities of the parties. Sample-
- Rehoming Family
I warrant that I am the lawful owner of the said dog, able to convey the ownership of said dog to another home.
- Adopting Family
- I agree that I will care for the said dog in a safe and humane manner, and as a family dog and companion. The dog will have adequate food, water, shelter, and medical care for the duration of his/her life.
- I understand that the Rehoming Family makes no guarantees or warranties regarding the health, behaviour or temperament of this dog. The Rehoming Family shall not be held liable for the behaviour of the said dog or any damages it may cause.
- Term’s clause
This clause defines the outline of the relationship between parties. It includes the duties, functions, obligations etc of parties. Some of them are-
- Any damages or injuries caused by the actions of the said dog shall be borne by the adopting family.
- The Rehoming Family shall not be held liable for the behaviour of this dog or any damages it may cause.
- The adopting family agrees not to sell, dispose, or give away the said dog for any reason.
- The adopting family hereby agrees to take care of said dog with utmost care and diligence by providing the dog with adequate shelter, veterinary care.
- In the event there is a violation of the agreement, the rehoming family or the shelter shall have the right to sue pertaining to violations found in the local or state laws. In addition, the rehoming family or the shelter shall have the right to sue for damages from the breach of this agreement.
- Adoption fee
It is the fees paid by the adopter or adopting family to adopt the animal. This fee is used by shelters or organisations for pet care, veterinary care, spaying or neutering cost, vaccinations cost, microchip cost and other expenses. Sample-
The adopter hereby agrees that an adoption fee of 50$ shall be paid to the owner at the time of adoption. The said adoption fee shall not be refundable.
- Microchipping clause
This clause is added to make sure if the dog is microchipped or not and for transfer of ownership of the microchip to the new owner or adopter. Sample-
If the dog is microchipped, ______________________ (indicate Rehomer or Adopter) will contact the microchip registry service to transfer ownership.
Spaying/ Neutering
“Spaying” and “neutering” are surgical procedures for removal of an animal’s reproductive organ, either all of it or a considerably large part. It is used to prevent pets from reproducing. In a female animal, “spaying” consists of removing the ovaries or uterus and ovaries. The technical term is ovariectomy or ovariohysterectomy. For a male animal, “neutering” involves the removal of the testicles, and this is known as castration.
Veterinary care
Veterinary care is the medical assistance provided to animals to prevent, control, diagnose, and treat any disease, disorder or injury. This clause is added to have a detailed health report of the dog.
Pet custody disputes
A survey was conducted in 2011 in the UK which revealed that 20 percent of separating couples had sought legal advice and fought for custody of their pet. In law pets are considered as personal property and the pet custody disputes arising from a divorce fall within the financial proceedings in the family courts. The survey conducted in 2005 found that 87 percent of dog owners surveyed viewed their dog as a family member and 15 percent of them would pay over £10,000 to get custody of their dog on separation from their partner.
The courts or legislature of the USA and Israel have already tackled a number of cases related to pet custody and Switzerland has amended its Civil Code to specifically govern this issue. The three legal systems are distinguishable but the issues raised in relation to pet custody are similar. There are two distinct tests for resolving pet custody disputes in family courts – first, the application of pure property law principles arising from the status of pets as property and secondly, the application of a ‘best interests of the animal’ test. Under a property law test, the pet is normally given to the person who has the better claim to title of the property. The parties need to provide evidence of that claim to title. The second test, the ‘best interests of the animal’ test, is similar to ‘best interests of the child’ test a standard used in many countries to determine the residency of children in disputes between parents.
In Arrington v Arrington in 1981, a Texas trial court emphasised that pets are property and refused to apply a ‘best interest of the pet’ test. The judge suggested that pets benefit from their property status However, despite the court’s emphasis on the property status of the animal, it awarded custody to the wife and visitation rights to the husband. This was actually at odds with the judge’s view that pets have property status since visitation rights are not awarded in relation to personal property. The judge struggled with using a pure property law test to resolve the dispute and awarded visitation rights to the husband in recognition of the strong emotional bond that existed between him and the pet.
Juelfs v Gough in 2002 is an example of the best interests of the animal test. The Alaska Supreme Court upheld the award of custody of the dog to the husband. The dog was at risk of physical injury at the wife’s residence because of the other dogs living with her which were deemed a threat to the dog. Therefore, the interest of the dog in avoiding injury prevailed over the use of property law principles.
The Israeli case of Ploni v Plonit, 2004 concerned an unmarried couple who, during their relationship, rescued a street cat and an ailing dog. The woman left the couple’s home taking the cat and dog with her after they split up. The man petitioned the court for joint custody of pets or the two animals to be separated and each person to get one of the animals. The court adopted the ‘good of the animal’ test and heard a piece of evidence from an expert on animal behaviour to reach the conclusion that both of the animals remain with the woman. Are there any laws related to dog adoption or rehoming? If yes then please discuss them categorically. Add case laws too
Guidelines for adopting a dog
There are several questions you need to ask yourself and various guidelines to follow before adopting a dog. Some of them are-
- Are you ready to adopt a dog?
While adopting a dog, you are making a lifetime commitment of care to the dog for his/her lifetime. So, you need to be ready before adopting a dog as dog care requires a considerable amount of time.
- Choosing the right dog
Before choosing a dog, you should explore and review your personality and lifestyle along with challenges such as the amount of time you have and space restriction.
- Make sure your family’s wallet can handle it
After adopting a dog, you need to spend money on regular and emergency vet care, high-quality food, bedding, a collar, treats, grooming, toys and the list goes on.
- Visit the nearest shelter home
You need to visit the shelter home to find a dog that meets your requirements and try to be friendly or build a bond with the dog before finally adopting him.
- Secure the health records
You need to ask the shelter to provide the medical records of the dog you selected. Also, ensure that the dog is properly vaccinated.
- Follow proper adoption procedure
Most shelters follow a particular adoption procedure which involves an adoption form, adoption agreement and submission of various other certificates. These all will include details of the pet, various questions of pet care, as well as about the worst-case scenario – if you have to give up the dog in the future for any reason. You may also need to provide your valid identity documents and address proof.
- Take your dog home
After required checks and counselling, the shelter will hand over the dog to you. It might take the dog some time to get familiar with the home environment.
Conclusion
The purpose of this article is to create awareness on dog adoption and provide insights on dog adoption and rehoming agreement. This article provides a summary of the clauses that are commonly found in dog adoption and rehoming agreement. Currently, there are no effective laws in India to regulate the adoption of dogs in India. The government of India should appoint a committee and analyse the concept, merits, demerits and come up with some laws related to the adoption of animals in India.
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