Parker, CO asked in Animal / Dog Law for Colorado

Q: Question about rescue wanting to spay/neuter dog early.

We fostered a dog who had puppies. We have raised the puppies and are keeping one. The rescue wants to neuter at only 3 months but my vet and the research says to wait a minimum of 6 months.

My girlfriend signed the foster agreement but I did not. We both signed an adoption agreement that the rescue emailed to us and sent it back without their signature.

The rescue person told us and other adopters that the rescue would pay for neuter with the rescue vet or the adopters could have their own vet perform the neuter but adopters pay for it. Now rescue is saying the dogs must be neutered early or they will void the contract.

A clause of colorado law 35-80-160.4 is in the adoption agreement. It says that the adopter must neuter within 90 days OR have a letter from a DVM stating it can jeopardize the dogs health. My vet will write that letter.

We just want to wait a couple of months to neuter but the rescue threatens to take the dog back. What are our rights here?

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1 Lawyer Answer
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
Answered
  • Animal & Dog Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: It is always difficult to answer a question without actually reading the entire contract, so this advice is limited to what you wrote in your question and should be taken as general advice ONLY and not as legal advice tailored to your situation. You should have a consultation with an attorney to get specific advice tailored to your situation.

Generally, when you sign a contract with a specific provision for the time to do something, you can be held to that provision. If the contract permits a letter from a vet, then you can try to negotiate that with the rescue to gain additional time. If the rescue does not agree, then the rescue will have to take you to court in order to get their dog back and you will have to defend against the lawsuit.

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