Adopting Intact Dogs + Cats
The regulations allow for dogs and cats to be imported and adopted prior to being spayed/neutered. While it is often more efficient and less expensive to have this surgery done prior to transport, there are times when it is not feasible. In those cases, you are allowed to collect a refundable spay/neuter deposit of $40 and above from the adopter. By doing so, this ensures that the adopters have some skin in the game to get the surgery done. In addition, rescues should be clear about where and when the surgery should take place as well as who is responsible for scheduling and payment.
Many vets have started pushing back on surgery being done prior to six months and want to wait for one or even two years, particularly for large breed dogs. As shelters and rescues, we support the need to prevent procreation and need to do our part to ensure that the surgery takes place. This includes:
1) Educate and agree up front that this must be done by six months of age (sample). Be crystal clear with adopters on what needs to happen by giving them written materials as well as a verbal review. (Share this article with vets who are pushing back.)
2) Follow up. Develop a process to track needed surgeries. Contact the adopter 2 to 3 times and keep a record of the contact and efforts made to schedule the surgery.
3) MDAR has stated that you can require the return of the dog due to breach of contract. Alternatively, you can also pursue legal recourse. While theoretically these suggestions may be remedies, the reality is they would be quite difficult to enforce. MDAR has also stated that shelters and rescues will be financially responsible in the case where a dog does procreate. We believe that this is outside the scope of their authority provided the above steps have been taken.
4) Get a veterinary exception letter. 30.09 (8) If a Veterinarian has examined a Dog or Cat and documented that a specific medical condition would cause spay or neuter surgery to be detrimental to the Animal's health, the Licensee shall take stringent steps to prevent the intentional or negligent breeding of the Animal, in accordance with 330 CMR 30.06(5). Such preventive measures shall remain in effect permanently, or until the Dog or Cat becomes healthy enough for surgery.