Brasília: Brazil has passed a landmark law allowing separating couples to share custody of their pets, marking a significant shift in how animals are treated in legal disputes.
Lawmakers in the Brazilian Congress approved the measure, acknowledging the evolving role of pets as integral members of modern families. The move comes with a rise in disputes over pet ownership following breakups.
Under the new legislation, if separating couples fail to reach an agreement, a judge will step in to decide custody arrangements. The court will also determine how maintenance costs for the animal are fairly divided between both parties.
The law applies only if the pet has spent most of its life with the couple. However, shared custody will not be granted in cases involving prior criminal records, domestic violence, or any related risks. According to Instituto Pet Brasil, the country is home to around 160 million pets, reflecting the deep-rooted connection between Brazilians and their animals.
Lawmakers noted that the legislation mirrors broader societal changes, including declining birth rates and stronger emotional attachments to pets, which are increasingly viewed as ‘true family members.’
Globally, approaches to pet custody vary. In the UK, pets are still legally classified as property, similar to cars or houses, leaving courts to determine sole ownership rather than shared care. Meanwhile, France recognised pets as ‘living and feeling beings’ in 2014, paving the way for shared custody battles.
In Spain, a 2021 court ruling granted joint custody of a dog named Panda to a separated couple, citing their shared responsibility as co-caretakers. Countries like Australia still lack specific legislation addressing pet custody after separation.
The new Brazilian law is expected to set a precedent in Latin America, reflecting a broader global shift toward recognising pets as more than just property.
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