Foster Question.

Question

I have been fostering a dog for nearly a year. I have no contract. She basically left him here after the meet and greet and only came back to take him to 2 vet visits. I have never received any money for food. They refuse to finalize the adoption; I have no idea why. They keep promising they will come here and never do. It is not at all about the money, I just want to get him established with a vet of our own and tie up this loose end. Do we actually own him because of the time that has passed and the fact that we have no written agreement?

Answer

Foster “parents” who want to adopt the animal they are fostering should attempt to do so. That would “tie up this loose end.” Rights of an animal’s foster “parent” are typically contained in a written foster agreement. When no such written agreement exists, rights can be unclear, unless there is other evidence which further explains the agreement (even texts and emails). Reimbursement for the animal’s care and taking the animal to veterinary appointments would imply a fostering arrangement, which, unlike adoption, is generally a temporary arrangement. In certain circumstances, however, an argument may be made that an animal who was originally left for fostering should be deemed abandoned or gifted if the rescue or person who left the animal for fostering has been unresponsive to the foster “parent” for a long period of time. That would be up to a court to decide if a lawsuit is commenced. There is an expression that “possession is nine-tenths of the law.” Although not always true, it means that the person in possession is frequently in a better position, at least initially, than the person who does not have possession. This is because the person who does not have possession often has the burden to sue to try to get the animal returned (and many more people threaten to sue than sue). I hope this all works out well for the dog!