Shelter won’t let me wait to neuter my dog.

Question

I adopted a male German Shepard in December 2024 and signed an agreement he would be neutered at 6 months. At that time, I was unaware of the health risks of neutering large breed dogs. He is 6 months old, now and I requested the rescue allow me to wait until he was at least a year old to give him the best chance of a healthy life without risks of bone problems and let his growth plates mature to avoid problems later in life. I will have him neutered, I just wanted to wait, but the rescue said no! They told me I have to do it asap. My vet has even spoke with them about waiting as well to allow his growth plates to fully close. Rescue is still being very stubborn even after my vet has assured them that I am a good and responsible pet parent. What should I do now?

Answer

Rights of adopters and animal rescue organizations and shelters are typically contained in an adoption agreement. These agreements usually address spaying and neutering, although many shelters and rescue organizations have their animals sterilized prior to placing them for adoption. There are also many state and local laws that require shelters to be proactive about spaying/neutering. For example, Alabama’s state law states, in part:

Any public or private animal shelter, animal control agency operated by a political subdivision of this state, or humane society, shall make provisions for the sterilization of all dogs or cats acquired from a shelter, agency, or humane society, by providing for all of the following:
(1) Sterilization by a licensed veterinarian before relinquishing custody of the animal.
(2) Entering into a written agreement with the person acquiring the animal guaranteeing that sterilization will be performed by a licensed veterinarian within 30 days after acquisition of the animal, or within 30 days of the sexual maturity of an animal.

The law defines “sexually mature animal” to mean “any dog or cat that has reached the age of 180 days.” The law also provides that shelters may adopt more stringent policies.

The law further states, “It shall be a misdemeanor to fail or refuse to comply with this chapter. Any person failing or refusing to comply shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine of a minimum of fifty dollars ($50) and not to exceed two hundred dollars ($200).”

While not common, some shelters/rescues will attempt to remove an animal (via the police, civil lawsuit, or otherwise) when an adoption agreement is violated.

The overpopulation of dogs and cats has tragic consequences. Spay/neuter laws have been enacted and policies implemented in an attempt to prevent suffering and to save lives. Sadly, intentional and unintentional breeding, such as when animals get lost, happens all too often. I hope this all works out well for your dog!

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.

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By |2025-06-09T11:15:38-04:00May 3rd, 2025|

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