Foster Fail

Question

I never signed a foster agreement, but I was fostering 4 cats that we got when they were 3 weeks old. They are now 14 weeks old. We fell in love and decided we would adopt 3 of them. The last kitten never got adopted and we adjusted our lives to accommodate the last cat. The organization went radio silent. And now they are threatening me because we decided to keep the last cat.
I have two questions. Do I legally have to pay the adoption fees? What is my legal right to ignore this organization?

Answer

Foster “parents” do not generally “own” the animals they agree to foster unless and until the foster “parents” adopt them. Note, you stated in your inquiry that you were the foster for the four cats.

When there is no written agreement between an animal’s foster “parent” and animal shelter or rescue organization, rights of the parties can be unclear, including, for example, the right of the foster “parent” to adopt the fostered animal and the adoption fee, if any.

If a shelter or rescue organization believes that its animals are being wrongfully withheld or it is due money from a foster “parent,” the shelter/rescue organization may sue. While verbal agreements can be difficult to enforce, there is often other evidence, such as texts, emails, payments made, and veterinary records, which may indicate whether the animals were fostered, rights of the foster “parent” to adopt, and adoption fees.

In sum, if you ignore the shelter or rescue organization, you may be sued, although such lawsuits are not common. The court will determine rights based on the evidence presented. While the police do not typically intervene in these matters, a shelter or rescue organization that believes its animals are being wrongfully withheld may contact the police for help. I hope this all works out well for all of the cats!