Identifying public policy barriers

Legal definitions of what constitutes sterilization for dogs and cats vary. Local, municipal, and state regulations can all designate if non-surgical sterilization is a legal alternative to surgical sterilization. Definitions of sterilization and provisions which specify acceptable sterilization methods can be found in laws and rules about animal adoption, licensing, public housing, and animal impoundment.

Most often this issue arises in state statutes that mandate sterilizing animals adopted from shelters or pounds. In the U.S., nearly 70 percent of all states (including D.C.) require cats and dogs adopted from shelters/pounds be “sterilized” or “spayed or neutered” (unless exempted) as a condition of adoption. While non-surgical sterilization is a legally valid alternative to surgical sterilization in 12 states, in contrast, 11 states explicitly confine sterilization to surgical methods for either one or both sexes. Lastly, eight states plus D.C. require dogs and cats adopted from shelters/pounds to be “spayed or neutered,” but provide no specifics about surgical or non-surgical techniques; while this is not a problem at the moment, once a non-surgical sterilant becomes available, the lack of specifics in these state-wide policies could be problematic for shelters seeking to non-surgically sterilize adoptable animals.

The remaining U.S. states, about 30 percent, do not require dogs and cats adopted from shelters/pounds to be sterilized. Accordingly they have not adopted policies stating whether non-surgical options are legal alternatives to surgical sterilization. Among these states, most permit local municipalities to define and regulate the sterilization of dogs and cats for licensing, adoption requirements, and housing, among other purposes. This opens the door to patchwork policies in these states about acceptable methods of sterilization.

To see a brief summary of this research or where your state stands, click here.

Collaborating for change

In 2013, ACC&D approached the American Society for the Prevention of Cruelty to Animals (ASPCA) to evaluate U.S. state and local definitions of animal sterilization and state requirements for sterilization of shelter and adopted animals. The ASPCA presented this information at ACC&D’s 5th International Symposium. In partnership with the ASPCA and The Humane Society of the United States (HSUS), we have brought this information up to date. ACC&D is currently working with these organizations, as well as Best Friends Animal Society and others, to support legislation where needed to address potential and actual barriers to implementing non-surgical options. Though we are initially focused on barriers found in state-wide laws and policies, we are also working with our partners to identify and address barriers that exist in ordinances in major U.S. cities.