Question
We lost our Manx male intact cat a while back. We were going to breed him because he was a very special cat! Someone found our cat and took it to the Humane Society, and had it neutered without scanning for the chip that was in his neck. They also clipped his left ear tip off during the neutering. They then released him back out onto the street. Then someone else found him and took him in. After a couple of months, they took him to the vet and had him serviced but the Vet did scan him, and we were notified that our cat was found! But the vet gave him back to the person and we had to make arrangements to get him. We now have him back, but we can no longer breed him!!
Utah, USA
Answer
Utah’s law states: “An animal care facility shall keep records: identifying, to the best of the animal care facility’s knowledge, an animal’s owner at the time the animal care facility acquires the animal…” Shelters should make reasonable efforts to determine whether an animal has a “parent.” Not all states specifically require shelters to scan for a microchip but given that microchipping is commonly done these days, the failure of a shelter to scan for a microchip may (or may not) result in liability for failing to act in a prudent, reasonable manner. Shelters are generally required to hold lost and stray animals for a few days to give their “parents” an opportunity to reclaim them, after which time shelters can have the animal spayed/neutered and rehomed.
It would appear from your inquiry that the shelter and person who found the cat treated the cat as feral or part of a community cat program (the reason for the ear tip, neutering, and release). Utah law states: “‘Community cat program’ means a program pursuant to which feral cats are sterilized, vaccinated against rabies, ear-tipped, and returned to the location where they congregate.”
People who believe that their animal was spayed/neutered without authority can sue to try to get compensated. Consider that there are so many homeless cats, and that breeding contributes to the cat overpopulation crisis. I hope your cat is doing well, is closely monitored, and will not get lost again.
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.