Is Your Foster Agreement Enforceable? Legal Risks and Best Practices

Foster programs are the backbone of rescue. They help animals decompress, recover, and prepare for adoption. But when something goes wrong — a foster refuses to return a dog, gives it away, or claims it as their own — the entire system can collapse.

That’s why your foster agreement isn’t just a formality. It’s a legal contract. And most rescues aren’t writing them well.

At LAW, we review dozens of foster disputes every year. What we’ve found is that vague or unenforceable contracts cost animals their safety and rescues their credibility.

What can go wrong:

• The foster refuses to return the animal and claims it was “surrendered”

• The foster adopts out the animal on their own, violating placement protocol

• The foster neglects or harms the animal, and the rescue cannot act quickly

• The animal gets loose or injured and the rescue faces liability

• There is no proof of expectations or conditions if a dispute ends up in court

What your agreement must include:

• Ownership clause. The rescue must retain full legal ownership of the animal. Use clear, direct language.

• Return provision. Spell out exactly what happens if the foster can no longer care for the animal — including timeframes.

• Liability language. Protect the rescue from legal or medical claims unless there was gross negligence.

• Care standards. Include feeding, shelter, exercise, and veterinary care expectations.

• Adoption restrictions. State clearly that the foster cannot rehome the animal without written approval.

• Inspection and removal rights. Reserve the right to retrieve the animal at any time and enter the property if required by law.

• Dispute resolution. Include jurisdiction and arbitration or small claims court language.

Common mistakes:

• Using generic online templates without modifying them for your state

• Failing to collect signed copies before handing over the animal

• Allowing fosters to “try out” adoptions without paperwork

• Not updating agreements annually or per placement

A well-written foster agreement protects everyone, the rescue, the foster, and most importantly, the animal. At LAW, we can review your current forms or help you draft enforceable contracts that hold up in court.

If your organization is dealing with a foster dispute now, reach out. We’ll help you retrieve the animal, negotiate a return, or pursue civil action if needed.

The goal is never litigation. The goal is safety and accountability. But when the foster pipeline breaks, LAW is ready to step in.