Defining a Spay Neuter Contract
A spay neuter agreement is simply a legally binding contract between two parties to limit the use of a dog in some way. Typically, the owner of a dog will enter into this contract with a purchaser or adopter of a dog, and it generally requires the purchaser to spay or neuter the dog within a specified time frame, such as by 6 months of age. By entering into the agreement, the owner is enforcing control over the future of the dog and its contributions to pet overpopulation and potentially also to prevent the existence of purebred and designer dog mixes in shelters .
Spay neuter agreements are very common and often required, depending on the dog’s breed and the animal control laws in your area. They are commonly used by pet owners when re-homing a dog, breeders when selling a dog as a pet rather than for breeding, and yearly by shelters upon adoption of a pet. Most local and state animal control laws in the United States require that all animals used by shelters be spayed or neutered.
Significant Terminology in Spay Neuter Contracts
"Unlike the laws requiring dogs and cats to be spayed or neutered, spay neuter agreements are not translated from law and follow no standard language. However, many spay neuter agreements have similar terms."
- Timing – When must the dog be altered? The agreement will specify that the procedure be done by a specific date or by the dog reaching a certain age. For example, the spay neuter agreement may state that the dog must be sterilized within 30 days, six weeks or six months of the contract date.
- Surgery Requirements – With regard to the spay neuter procedure, the agreement may state that the surgery must be preformed by a "licensed veterinarian" or "competent veterinarian" in accordance with association protocols.
- Compensation – If the spay neuter agreement is enforceable, and the spayed or neutered dog/cat is bred, the purchaser may have to pay a nonbreeder price or pay another amount of compensation to the seller for the puppies or kittens.
- Identification – The spay neuter agreement may require identifying markings on the dog such as a chip. In addition to a collar with identifying name tags, gorement microchips are frequently used.
- Breeder Cooperation – The spay neuter agreement may require the new owner to advise the seller if the dog becomes missing or dies. Sometimes these provisions are so regularly ignored by consumers and so readily overlooked by sellers that they seem superfluous. However, even the failure to comply with seemingly minor requirements may trigger the penalties for noncompliance. Any unexpected remedial action and reason for the buyer’s unexpected expense or inconvenience can be costly; and, more importantly, emotional.
- Identification Requirements – Alternatively, the spay neuter agreement may be so worded that failure to comply with any of its written requirements will lead to the buyer being fined or being subject to a judgment.
- Physical Condition – In some states, proving that a cat or other animal has been spayed or neutered can be difficult because the genitals of the animal are often not well examined outside of surgical procedures. Many spay neuter agreements are worded to comply with state law. Accordingly, they require the dog or cat be spayed or neutered by a licensed veterinarian prior (to a specific date) and to include a requirement that the veterinarian provide a signed a certificate attesting to the spaying or neutering of the cat or dog by a certain date.
- Health Condition and Service Death – Some spay neuter agreements will provide that the owner must report the death of a cat, dog, or other coveted pet to the seller. This can occur because some purchasers do not want to, or cannot afford to pay the seller some "specified" price for selling or breeding a dog or cat when offering to sell dogs; whereas, others are determined not to let their "prized pet" be sold in order to discourage competition.
- Sanctions for Breach – The sanctions for violating the spay neuter agreement may be severe. Some agreements simply recoup a percentage of the purchase price or require that the buyer pay a price difference for additional puppies or kittens, but the sanction may be higher than expected.
Comprehending the Legal Aspects of Spay Neuter Contracts
SNAs are enforceable contracts. In the event a person violates an SNA, such as by failing to have the animal spayed or neutered, there may be civil and/or criminal consequences.
Without a Spay Neuter Agreement
Some courts consider SNA violations to be ordinances violations, much like those for barking dogs or overnight parking. However, other courts hold that such violations are breaches of contract and not ordinances violations. If the SNA is a court order, then it is likely that the SNA will be considered a court order and courts may enforce it as a contract.
With a Spay Neuter Agreement
If an SNA is a licensee agreement, then there may be only limited, if any legal enforcement. However, if that is the case, that may particularly be true for owner surrender type SNA’s. In those circumstances, the sanction is the loss of the license to keep the animal. If the SNS is considered to be a contract, then there may be a number of legal remedies available in the event it is not followed. The possibility of criminal charges and penalties for violating an SNA may depend on whether the SNA is part of a court order. If it is, and the person fails to follow the order on the basis they did not receive adequate notice, they could ask a court to not impose sanctions because the court violated notice provisions related to judicial proceedings. A court should only violate a party’s due process rights in exceptional cases. Such exceptional cases arise when in its effort to provide an adequate remedy, a court presumes in favor of its own authority.
The Benefits of Spaying and Neutering Your Pet
The importance of spaying or neutering a pet should not be overlooked and is an issue of great importance, both for the pet and the community. Spaying or neutering a pet can help them lead a longer, healthier life. Veterinarian Steven M. Fox, in PetPlace.com, states that "spaying/neutering your pet can help prevent particular cancers, particularly specific types of cancers in our female animals and some reproductive cancers in males." Indeed, spaying a female pet before her first heat cycle virtually eliminates the chances of her developing mammary gland cancer, and also helps deter several types of uterine infections. Fred L. Fasa, in PetMD.com, notes that for male pets "castration, or neutering, reduces the risks of testicular cancer and prostate cancer." Fasa also finds that neutered males have reduced tendencies to engage in various aggressive behaviors. Many behavioral problems may also be prevented by spaying or neutering pets. Both Fox and Fasa note that behaviors that are common causes of pet abandonment, like aggression, excessive territoriality, running away, spraying, and mounting , are drastically reduced in male and female pets that have been spayed or neutered. Beyond the personal health and behavioral issues, there are significant community issues posed by the number of unwanted pets in the community. The American Society for the Prevention of Cruelty to Animals has blogged about the overpopulation of pets in America, citing studies that show there are 5.4 million to almost 8.2 million homeless animals nationwide. According to the information presented by the ASPCA, the number of pets that end up in shelters is staggering and donating money to kill shelters has become a tightrope walk for many animal lovers: "Just this week," the organization reports, "The HSUS uncovered a disturbing train of money-laundering that is catching the attention of investigators around the world." Numerous studies have been performed to explore how the spaying and neutering of pets can help reduce the number of homeless pets and Fasa cites the Journal of the American Veterinary Medical Association, which states that spaying and neutering pets "prevents more unwanted births, eliminates roaming, and results in fewer stray animals and animal bites."
Misconceptions Regarding Spay Neuter Contracts
One of the most persistent misperceptions about spay neuter agreements is their uniformly equal nature, meaning that pet owners think that all spay neuter contracts require exactly the same things. That is not true – even if each agreement may have one or two things in common with others, they really do vary pretty significantly from one to the next. As a result, before signing an agreement, a pet owner should read it carefully to make sure that they are comfortable with its specific terms.
Some spay neuter agreements require the pet owner to alter the animal by a certain age (for example, by six months of age). Others place no such restriction on their owners, meaning that they can wait until a later time to have the spay neuter surgery performed.
Another way in which spay neuter agreements vary from one to another is in the amount of the purchase price that remains refundable after the surgery is performed – some only require the owner to pay a fraction of the sale price once the surgery has been done, while others require much more money to be paid.
A common misperception about spay neuter agreements is that they require the services to be performed only by one certain veterinary office, when in fact, many will permit any licensed veterinarian to perform the procedure, so long as the pet owner provides documentary verification of the spay neuter surgery itself.
Several spay neuter agreements that I have seen state that the pet owner MUST choose to have the surgery on a date certain, but in fact most are rather flexible in that regard.
Negotiating a Spay Neuter Contract
When negotiating a spay neuter agreement with a breeder or shelter, it is important to approach the discussion in a way that emphasizes collaboration and understanding. Here are some tips for effectively negotiating a spay neuter agreement:
Communicate and Build Rapport: Build rapport with the other party, whether the dog owner, shelter staff or veterinarian, by communicating openly and cooperatively. Use clear, non-confrontational language and try to find a compromise that works for everyone.
Clarify Schedules: Clarify the schedule for spaying or neutering the dog with all parties involved, including the veterinarian, to prevent confusion and miscommunication .
Discuss the Costs: Discuss the out-of-pocket costs involved with spaying or neutering the dog with the dog owner to ensure they understand the financial implications.
Make Considerate Decisions: Make decisions that consider the dog and all parties involved in the agreement, including the shelter and the veterinarian. For example, if the dog is not yet old enough to be spayed or neutered, agree on a specific timeframe for the procedure.
Address Permit Fees: Discuss the fees associated with the agreement before it is signed to avoid any potential miscommunication.
Be Mindful of Your Rights: Be aware of your rights under dog ownership law or other agreements before signing a spay neuter agreement.