Pets in Spain become legal family members; what it means for custody

The well-being of pets will also be considered in breakups and divorces in Spain now, as per new legislation passed on Wednesday, January 5.

The move legally recognizes pets’ status as family members and sentient beings, rather than objects — allowing joint custody of animals. 

“Animals are part of the family and when a family decides to separate, the fate of the animal must be regulated with the same importance as the fate of other family members,” lawyer Lola Garcia, whose Rights&Animals firm handled the case, told Reuters. 

With this change, joint custody of the pet will be awarded to a divorcing couple wherever possible, taking into account ‘the new needs of the companion animal’, reported Spanish News Daily. 

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The proposed change to the law was introduced in parliament last year by Spain’s ruling Socialists and Podemos, their far-left junior coalition partners. It was backed by all other parties, except the far-right Vox party.

The proposed amendment had read, the custody of pets “has been the subject of controversy in our courts.”

The reform “sets out the criteria on which the courts must rely in deciding who to entrust custody of the animal, taking into account its well being”.

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Garcia called the latest decision a major first step in a series of forthcoming legal changes governing people’s relationship with animals, reported Reuters.

Pet ownership is high in Spain among European countries and the left-wing coalition government plans further legislation to strengthen animal rights, including a ban on wild animals in circuses and stopping the sale of pets in shops.

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The decision has been hailed by animal rights activists and families with pets. It must be noted, however, that Spain is not the first country to initiate such a reform. Joint custody for animals exists as a legitimate provision in several European countries like France, Germany, Switzerland, Austria and Portugal.