Right of Return for Shelter Animals? Between Wish and Reality

Anyone considering adopting a shelter animal sooner or later asks themselves this question: what if it doesn’t work out? Is there an option to return the animal? According to a survey by MARS Switzerland, almost half of all respondents wish for exactly this security – particularly men and older people. The reality is more sobering: a legally enshrined right of return exists nowhere in the DACH region. We show here what adoption contracts regulate instead and which rights and obligations fall to owners.

Background: Pet Adoptions – The MARS Survey on World Animal Welfare Day

The figures come from a representative survey by MARS Switzerland on the topic of animal adoption. In August 2025, a total of 752 people in Switzerland were surveyed – both potential and already active pet owners.

The most striking result: 46 % of respondents said that the option to return an animal would be very important to them – in case they simply cannot cope with the new animal.

This figure is remarkable. It shows how central the topic of returns is for many people – even if implementation in practice looks significantly bumpier than one would wish.

Here is the link to the press release and the full survey results: MARS Switzerland Media Release: Pet Happiness with Return Guarantee – Social Media and Loneliness Feed Pet Dreams

The Right of Return for Animals from Animal Shelters

Many people assume – or at least hope – that animal shelters offer something like a standardised right of return: take the animal home, it doesn’t fit, bring it back. Sounds logical. But it does not work like that in practice.

The MARS survey clearly reflects this desire: 46% of respondents rated a return option as particularly important. But what is actually included?

Legal Classification in Germany, Austria and Switzerland

Short and clear: There is no legally anchored, standardised right of return for animals from animal shelters – neither in Germany, nor in Austria or Switzerland. What applies instead are individual agreements, recorded in an adoption contract.

Animal shelters want to facilitate adoption – but they hit capacity limits and usually have scarce resources. This shapes how flexible or rigid return regulations turn out in practice.

Germany

Adoption contracts are private law agreements between the animal shelter and the adopters. Many shelters allow a trial period or permit a return if serious problems arise – but this is not a matter of course, rather an act of goodwill.

Legally speaking: An animal is a movable object under § 90a BGB, which means that the basic principles of sales and hire law apply. Compensation for damages or reimbursement of costs are only possible to the extent expressly provided for in the contract.

Austria

Here too, animal adoptions take place via adoption contracts – there is no statutory right of return. Reputable animal shelters often agree on a trial phase or advise owners if difficulties arise.

The Animal Welfare Act protects animals from simply being returned due to neglect or boredom. In individual cases, the animal shelter decides whether re-homing is possible and sensible.

Switzerland

Legally, this also constitutes a private law transfer. Many Swiss animal shelters stipulate in the adoption contract that a return is possible in the event of unforeseen problems – but only then, and not at will.

A general right of return that can simply be exercised does not exist. Animal shelters assess the circumstances, and neither compensation for damages nor assumption of costs is prescribed by law. After handover, responsibility for care, training and medical treatment lies clearly with the owners.

Practical Conclusion

A standardised right of return remains a wish – and an understandable one. But animal shelters face logistical and financial challenges, and there simply is no animal that works perfectly “out of the box”. Anyone who takes in an animal assumes responsibility for training, education and daily life – from day one.

Return options do exist, but they are situation-dependent and regulated by contract – not guaranteed by law.

Adoption Contracts: What Animal Shelters Stipulate

Anyone who takes an animal from the shelter usually signs an adoption contract – sometimes also called an “adoption agreement”, “protection contract” or “transfer contract”. It protects the animal and secures the animal shelter. What is typically included:

• Care and keeping: Requirements for species-appropriate nutrition, exercise, medical care and housing.
• Veterinary care: Obligation to undergo regular examinations and maintain up-to-date vaccination protection.
• Training and education measures (especially for dogs): Information on behaviour training, socialisation and – depending on the animal and its history – recommended courses for owners.
• Return options: Conditions under which the animal can be returned – for example in the event of unforeseen problems or insurmountable difficulties, often linked with an advisory consultation.
• Prohibition of certain actions: For example, transfer to third parties or use for breeding and competitions without the express consent of the animal shelter.
• Cost regulations: Adoption fee, possible contributions towards basic medical care or vaccinations.

💡 Practical Tip: Adoption contracts are not paperwork for the sake of it. They make expectations transparent – on both sides – and help avoid misunderstandings later on. And they serve as a reminder: An animal is not a product with a warranty certificate. Care, training and daily life are the responsibility of the owners.

💡 Further Information: Anyone who wants to know more about adoption agreements, protection contracts and the legal differences in the DACH region can find all the details in our comprehensive article: The Adoption Agreement and Protection Contracts for Dogs

Conclusion of the Series: Reality, Right of Return and Responsibility for Animals from Animal Shelters

The MARS survey has made one thing clear: return rights are a real issue for many potential pet owners – and that is understandable. Taking on a pet is no small matter. At the same time, practice shows that a standardised right of return does not exist anywhere, and that animal shelters are often already working at their limits. Adoption agreements therefore always regulate take-back, transfer and owner obligations individually – with one goal: to ensure animal welfare.

Anyone who adopts takes on responsibility – for care, training and education. Animals are not finished products, but living beings with long-term needs. That sounds like effort, and it is. But: 87% of adopters in the MARS survey are very satisfied with their shelter pet, and 74% would adopt again. That says more than any glossy brochure.

With this series on the adoption of shelter animals, we wanted to make facts visible, dispel myths and show where the possibilities lie – but also the limits. Here are the other articles:

• Large MARS survey: How Swiss people think about shelter adoptions
• Why (not) adopt from a shelter? Pro and con facts from the MARS survey

Sources, Thanks & Further Information

The data comes from the representative MARS survey on the topic of animal adoptions (August 2025), conducted by Triple M Matzka Market and Opinion Research. We thank all those involved for providing the results.

A good point of contact for animal adoptions in Switzerland is the placement platform of the Swiss Tierschutz STS: https://tierschutz.com/tiervermittlung/tiervermittlung-und-adoption/adopt-a-pet/

Dogs and cats looking for a home: https://www.welttiertag.ch/adopt-pet – an initiative of the Swiss Tierschutz STS launched around World Animal Day. The platform bundles current placement ads from various Swiss animal shelters: dogs, cats, other pets – all waiting to be adopted. It is part of the larger project “Adopt a Pet”, which aims to promote animal placement in Switzerland and provide animals in need with a new home.