Brazil Changes Laws to Allow Shared Pet Custody for Separated Couples

Brazil’s congress has enacted new legislation, enabling separated couples to jointly care for their pets. The amendment, approved on Tuesday, underscores the growing recognition of pets as integral to family life.

Under the updated framework, judges will assign shared custody when couples disagree on pet placement, ensuring fair division of the animal’s care costs. The law applies only if the pet has spent most of its life with the couple, according to legal guidelines.

“Changes that have occurred in Brazilian society in recent decades” are reflected in this new approach, as noted in the law’s accompanying statement.

Instituto Pet Brasil reports that Brazil, with a population of 213 million, is home to approximately 160 million pets. The law excludes scenarios where one partner has a criminal record or a history of domestic abuse.

Congress noted a surge in pet custody cases, attributing it to societal shifts highlighted in the accompanying law statement. The statement also mentions that couples with fewer children often view their animals as true family members.

In contrast, the UK treats dogs as inanimate objects, similar to vehicles or property, and determines ownership through legal ownership rights. France reclassified pets as “living and feeling beings” in 2014, allowing couples to contest joint custody during divorces.

Australia lacks specific laws governing post-breakup pet arrangements, while Spain’s 2021 case set a precedent. In Madrid, a judge awarded joint custody to a separated couple over Panda, labeling both as “co-caretakers.”