Brazil: New law allows separated couples to share custody of companion animals

Under new legislation in Brazil, courts will be able to rule on the custody of companion animals when couples separate and cannot reach an amicable agreement.   

If no agreement is reached, a court may order joint custody, establish custody schedules, and apportion the costs of the animal’s upkeep between the parties. This reflects the growing tendency to treat companion animals as family members rather than mere property. A key requirement is that the animal has spent most of its life in the shared household. However, joint custody will be denied if one of the parties has a criminal record or a history of domestic violence, or poses a risk thereof. 

Members of the Brazilian Congress cited the rising number of legal disputes over companion animals as one of the reasons for the legislative change. They also emphasized that the reform responds to broader social developments in recent decades. For example, many couples today have fewer children and instead form closer bonds with their companion animals, which are often regarded as full-fledged family members.