Illegitimate foster and adoption process.

Question

I had fostered a dog for nearly 6 months and the foster facilitator completely forgot about my dog. During that time, I had forged a bond with the dog and when the foster care facilitator followed up (4 months later), I stated that I wanted to adopt the dog. After meeting the dog, who she barely spent time with, she triggered her and blankly stated that she should be in the country. Some family from Connecticut that could barely walk the dog was deemed fit to adopt her but it seems unethical to rehome the dog if she wants to stay with me. What are my rights to challenge this unethical adoption process.

New York, USA

Answer

Fostering, as compared to adopting, generally implies a temporary arrangement. The shelter/rescue (or other person who placed the animal in a foster arrangement) usually retains “parenthood” (ownership) of the animal prior to adoption (although it is unclear from your inquiry if the foster care facilitator works with a shelter/rescue or someone else). Rights and responsibilities of foster “parents” and animal shelters/rescues (and others) are often contained in a foster agreement. The agreement should be carefully reviewed. Some foster agreements give foster “parents” first right to adopt, but usually still subject to the approval of the shelter/rescue (or the animal’s “parent” if the animal has not already been surrendered to a shelter/rescue).

When lawsuits are commenced for the return of an animal, an argument can be made that the animal should be deemed gifted or abandoned, depending on the facts and circumstances, although I cannot predict how a court would decide the case. I hope this situation works out in the best interests of this dog!