What rights to we have for our puppies?

Question

it was not planned to have puppies. When we got my dog from the breeder, they said they tried breeding her for 3 years but they couldn't get her to have puppies and we were planning to fix her but the dr said she had to be out of heat for 3 months before they could do it and she went into heat every 3 months so the drs were monitoring her to see when they could do it.

Answer 1

if you were breeding responsibly you would have thought of that before hand and made a contract wouldn't you?

Answer 2

Tell him they are not "his" puppies. You bred your dog with your friends dog..

Answer 3

Did you pay this guy a stud fee for the dogs to breed? And did you register the puppies? If the pups are not registered & this was not planned, and there is no contract, I don't see how he can do anything about it honestly. Just so you know, there are DNA tests that can be performed on dogs, AKC has them done often on frequently used studs. If he is not willing to take it that far, I wouldn't worry about it.

Answer 4

This is a little confusing.  Was this accidental that the guy's dog mated with yours, or was it a planned breeding?

Either way, with nothing in writing, he has no legal right to any of the puppies.  And either way, the whole thing sounds pretty sketchy and irresponsible.

If this was a planned breeding, in that you contacted this man to mate his male dog with your female--neither of you ironed out any details before hand?   Usually there is a stud fee given to the owner of the male dog, or that person gets one of the pups from the litter.  If neither of you made any kind of contract or agreement prior to this breeding (if it was planned), then this is not responsible breeding.

Add:  I'm sorry, I don't know what kind of vet gave you this advice, if that even happened.  A dog can be spayed at any point after her heat is finished, she does not need to wait 3 months afterwards.  A dog can even be spayed during a heat, although it is more complicated and costly.  

And from your other questions, your dog is a yorkie, and it is coincidentally that the guy who just happened to come over your house, has an intact yorkie?    Seeing as how you're even talking about KC papers, makes this sound like less of an "oops" and more like a byb situation.

Answer 5

I agree with Canine Caretaker. He/she is spot on. This guy has no right to any of the puppies and I really hope you don't give them any. As for what else to do, please have all your new puppies spayed/neutered before giving them away. From what you say, DO NOT give this guy a puppy. He has no legal right to the pick of the litter or any of the puppies for that matter. If he wants to pony up half of the $3000 since it is half his fault (for having a non-neutered male pup impregnate yours), then sure, give him half the litter. But I highly doubt he'd do that. He sounds like one of those guys who gets a girl pregnant then leaves her. Because he lets his dog do that too!

Answer 6

If it was planned breeding then yes, he gets one.

If his dog just randomly came to your house against your will and mated with your female, then no he dosent.

Answer 7

Didn't you sign a contract?  If you had of signed a contract he would either charge a stud fee or have pick of the litter.  If there is not contract he doesn't have a leg to stand on.  He is literally SOL.

He can't sue you cause there is not contract.

Answer 8

Ok lets clear something up first.  You as the females owner are totally responsible for any medical cost that come up during a pregnancy or to deliver the pups.  The males owner is not!  That's not the way it works. Now at this point should it come into consideration because your female had to have a c-section. The answer is no!  That's just what happen's when your the owner of the female.

If there was no signed contract between the 2 of you then the males owner can huff and puff all he wants to he is not entitled to a thing. The litter belongs to you. I'm assuming no stud fee was paid out by you so there is no way he can now ask for a pup.  

Having the pup Kennel cub registered would be nice but then if he did give you the information then you would be admitting to a agreement and he as the stud owner would/could then take you to small claims court for a pup or the going price of one of the pups.

He is entitled to nothing at this point!

As for the rest about your vet I agree 100% with Miaugh!  

ADD:  To the first poster.  A spay & hysterctomy are the same thing!  No vet would perform a tubal ligation on a dog it would serve no purpose for a female to go into heat but not be able to conceive pups. It would still set her up for pyro. and and any other infections that any other intact female can get.  Any vet who would do this (and I know of none) I would run from.

Answer 9

Has he put any finances into the puppies at all? Does he have any physical proof that his dog was the one who impregnated yours? If the answer to both of these is "no", then he has no legal claim of the puppies, and you do not have to give any to him. To prevent this from happening in the future I would suggest either not letting your female play with unaltered males, not letting her outdoors at all when in heat, or having her sterilized (spay, hysterectomy, and tubal ligation are your three surgical sterilization options).

Answer 10

OK it sounds like an "oops" pregnancy. I'm glad you had her spayed.  Tell him that if he wants to roll the dice and take you to court, and spend allllll that money just trying to PROVE that his dog is the father, then by all means go ahead.  This guy sounds like an ***.  He has no right to the pups.  

Answer 11

only if a contract is written up at time of breeding. How can he prove these pups are the pups from his male??? without a contract was any money passed or any other type of contract.

At this point without a contract he has first no proof and second no right.

You can just pay him fro the price of one pup if you are selling,.

Answer 12

Was this an intentional breeding?  If it was then there should have been an agreement before the female was bred.  Even a handshake agreement can end up in court.  Reputable breeders use a breeding contract before the breeding ever takes place.  This contact spells everything out including stud fee vs pick of litter, health of both dogs, what happens if there is only one puppy born, etc.  It's too bad that you don't have a mentor.  You might have to contact a lawyer especially if this was an intentionally bred litter.  

Answer 13

He has absolutely no rights - throw him out and call the police if he is being a persistent pain.

If you have no contract with the guy, the breeding was certainly not legitimate and with nothing in writing saying you would give him a pup, he has not a leg to stand on.

Throw him out and call the police if you have to - do NOT give this creep a puppy, sounds as if he wants one to sell to his buddy - absolutely do not let him into your home again.

By the way, you did a very ignorant, irresponsible thing

breeding your dog like this but have paid for it both financially and by getting her spayed --- good for you.

Answer 14

What has he done for the puppies?  Is he willing to pay for some of the vet bills that you will incur for shots, worming and such?  How can he prove the pups were fathered by his male?  Maybe you mated her with another dog for all he knows.  Tell him he will have to pay for DNA testing to make sure his dog is the sire,  That should change his mind.  I hope you are going to get your dog fixed after this.

Answer 15

not a breeder, but it seems to me, as legit reputable breeders of top quality dogs that have all the tests etc to prove breed worthy, there would have been a contract BEFORE the dogs were bred. otherwise, it was an accident and you'll get your dog fixed.

and he doesn't have legal right to a pup without a stud contract.

Answer 16

Was this an accidental pregnancy, or was it planned?

The puppies are YOURS.  Any right he would have over them would be written out in the contract beforehand, but if there isn't a contract, he's SOL.

Answer 17

He does NOT have the right to take one.  There are no father's rights when it comes to animals.  There was no legal contract or anything in writing stating that he would have a puppy so he is out of luck.  He cannot change his mind once the puppies are born.  Tell him to get lost.