Legal obscurity surrounding primary contact for microchip on adopted kitten.

Question

I adopted a kitten from a rescue a few months ago. I signed a contact that stated the rescue must be the primary contact on the soon-to-be implanted microchip, and neutering was to be done there as well. Weeks later, I found online sources that stated, under new CA law, the owner must be the primary contact on the pet’s microchip. Perhaps the rescue does not know this, or does not want adopters to know. I want to be the primary on my pet’s chip, and also want to get him neutered somewhere else, sooner than the rescue recommends, in order to avoid spraying. Since this bill was signed into law, back in 2022 (bill AB2723), does the rescue have any legal ground to stand on? I’m afraid if I get him neutered there, they will also chip him at the same time.

https://legiscan.com/CA/text/AB2723/id/2572571

https://www.circlingthenews.com/new-california-law-ensures-chips-in-dogs-list-those-who-adopted/

California, USA

Answer

Many shelters and rescue groups would not object to an adopted animal being spayed or neutered before an adopter is required to do so according to the terms of an adoption contract or by a veterinarian who is unaffiliated with the shelter/rescue. Shelters and rescues are typically concerned when adopters put off having the procedure done (not when done very promptly) since the failure to do so could contribute to the overpopulation of dogs and cats.

California's cat spay/neuter law provides that shelters and rescue groups shall not adopt out a cat who has not been spayed or neutered unless a veterinarian certifies that the cat is too sick or injured to be spayed/neutered in which case the cat must be spayed/neutered within 14 days after a veterinarian certifies that the cat is healthy enough to undergo the procedure. The law is applicable to counties that have a population exceeding 100,000 persons but many municipalities have also enacted local spay/neuter laws. There is a similar state law for dogs.

California’s cat microchip law provides that shelters and rescue groups shall not adopt out a cat unless the cat is microchipped and, as you stated in your inquiry, the adopter must be registered with the microchip registry company as the primary owner. The law specifically states that the shelter or rescue group shall not be registered as the primary owner of the cat. The microchip registration could/should be changed to comply with the law if the rescue group initially listed itself as the primary contact. There are exceptions in the law to the requirement that the cat be microchipped prior to being released for adoption for shelters and rescues that do not have microchip capability on site or if a licensed veterinarian certifies that the cat is not medically fit for the microchipping procedure, but the adopter must sign an agreement to show proof of microchipping within 30 days from adoption. There is a similar law for dogs. Shelters and rescue groups face fines for violations of the law. Good luck!