Question

Hello, I have been fostering a 1-year-old dog for the last 2.5 months and about 3 weeks ago I told the foster organization I wanted to adopt her. I was told that they would get back to me and then I didn’t hear anything. Now, 3 weeks later I have reached out to the organization’s leaders in multiple ways via text, private Facebook group post, email, and Facebook message. I have received responses to other questions I’ve asked but when I ask about finalizing the adoption nobody responds. I was told a couple months ago by one of the organizers that I am “welcome to adopt her”. At the time I was not ready to adopt because she was having a lot of anxiety and behavioral struggles. Since then, she has gotten better, and I feel that I can safely adopt her. But now nobody will respond to me. I am worried they are going to try to tell me I cannot adopt her for some reason. The only reason I can think of is that she’s been a very high maintenance dog, and I’ve expressed that she really needs training. Is there legal action they can take to prevent me from adopting the dog? Wouldn’t it be considered discriminatory if there’s no evidence against me? Help!

Illinois, USA

Answer

Shelters/rescue organizations generally have discretion to determine placement of their animals. Rights of animal shelters/rescue organizations and foster “parents” are typically contained in a foster agreement. It is important to review the agreement. These agreements (unlike adoption agreements) often provide that the shelter/rescue organization retains ownership of the animal. However, they sometimes contain provisions allowing the foster “parent” to have first right to adopt, but usually still subject to approval of the shelter/rescue organization.

Shelters/rescue organizations that believe their animal is being wrongfully withheld can sue to try to get the animal returned and can contact the police, although the police do not usually get involved in these matters.

I hope that this situation works out well for the dog!

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question