Q: Giving away a dog after you adopted from an ASPCA shelter. Legal or not legal?
We were recently offered a "free dog" by a family who adopted him from an ASPCA shelter in Massachusetts, but can no longer keep him. My aunt claims that the current owner cannot legally give the dog away to anyone, and that he must be turned back over to the shelter they adopted him from. Is this true? Is it really illegal for the current owner to rehome the dog themselves?
A: It's important to look at the agreements made between the owners and the ASPCA. Generally, if you own a piece of personal property, which is how the law typically looks at pets, you can give it away if you want to another person, even if you adopted it (assuming you're not giving it to a dog fighting ring or the like). This would take a small bit of research. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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