OK all you brainy people out there I have a little poser for you! :D

Here's a scenario - Imported dog goes to the States in co-ownership with breeder and the people who will be looking after him while he's there.  While he's there he has straws of semen taken.  Then the dog is exported from the States back home.  He is then transfered back to the breeder's sole ownership.
Can the people who have his straws use them/sell them if he has been transfered back to the breeder?  If so, how do they sign the stud dog paperwork?  Or isn't there any? 
I know nothing about AI so any info would be greatly appreciated.  Just for clarification - this is in the USA and not UK.

The AKC have been asked but were about as much use as a chocolate teapot :rolleyes:

Thanks,
Debs

Hi Debs,

Not exactly the same scenario but it may help if this is something just being looked into now as opposed to all done and dusted.

There is semen stored in the USA from my male - it was surplus to that used for an agreed AI mating.  It cannot be used by anyone else without my permission and signature for it's release and also again for a mating.  The holding facility have documentation to that affect which cannot be changed by any other party.  If I agree to it's subsequent use at a later stage, the storage facility, the specialist doing the AI and the AKC will all need my signature on their separate paper work and of course the AKC already have a DNA profile of my dog. 

If necessary a fax with my signature authorising release could be sent to the storage facility and also a pre-agreed vet to expedite use and there would still be ample time after pregnancy confirmed to obtain, fill in and return the AKC paperwork before registrations were required.

HTH, regards Teri :)

Hi Teri,

Is that because you had a contract to that effect?  Or is that the ruling regardless?

Debs

Mine is stored the same way - the semen surplus to requirements is being stored in the States with a comprehensive contract (I hope) as to how the costs will be shared out should someone else want to use it.

I honestly don't know about your situation - it's always easy to be wise in hindsight, but think the contract should have been drawn up clearly before the semen was taken.

I would guess that it belongs to the registered owner/s of the dog at the time the semen was collected.    Anyone else got any ideas?

Jo and the Casblaidd Flatcoats

Thankfully it's not me that's in this situation.  I've been asked to look into it for a friend.  They showed me a copy of the contract but IMO it can be taken two ways. 
I was looking for a ruling from the AKC really.  Like - if you haven't stated anything to the contrary can the semen be sold and then used by the people who bought it - and without the owner of the stud dog signing anything.  

Thanks anyway,

Debs

Hi Debs,

although I had a contract to that effect the facility storing the semen works to the policy that as I *exported* the semen,  I therefore own it and have to give separate permissions for it being released to anyone else.   From memory that was the norm and it was covered in the paperwork by the collection / storage facility here in the UK for satisfying the US customs etc.   I'm not sure how it would work with co-ownership of a dog who was actually *collected from in the US* and then re-registered into single ownership on it's return elsewhere .....     Even if received and held in joint names with another owner, I don't see how it could be released and used or any progeny registered without the approval of the UK owner too (if I'm following this correctly :rolleyes: - starting to wilt as it's been a hectic day!)

Does your friend have a record of how it was signed into the storage facility i.e. under what name(s)?

regards Teri

In the US (where I am), the semen would belong to whomever was the dog's owner of record at the time of semen collection, unless there is a formal document stating otherwise.  For AKC purposes, only one owner of a stud dog needs to sign registration paperwork, so it only takes one owner's signature to collect and freeze semen and the semen would belong to that owner only, no matter how many co-owners the dog has.

For example, if I import a dog and register him with the AKC in both my name and his UK owner's name, I can take the dog in and have his semen collected and frozen and own it outright, without the UK owner having any rights to it or having to sign any paperwork.  It is mine to use as I see fit.  The UK owner would have no legal rights to it, since it only takes one co-owner to sign the paperwork for any breedings.

If, however, the dog is registered with the AKC only in his UK owner's name and he is simply staying with me, I would need written permission to collect and freeze the semen, and the dog's actual owner of record could put whatever restrictions they would like on the use of that frozen semen.  If they sign the rights over to me, though, the semen is mine to use as I see fit.

Bottom line is that the only sure-fire way to maintain total control over the breeding rights of a dog or semen sent to the US for AKC purposes is to maintain complete ownership of the dog and not sign a co-ownership.  If you are simply sending frozen semen over, you can either choose to sign it over outright or to authorize the use of straws for one particular breeding and maintain total control and ownership over the rest of the straws.

Clear as mud??  I do own semen from a dog that I have never owned.  It was signed over to me fully at the time of the collection.  This was from a dog of my breeding that I sold to someone else.  He turned out quite nice and I wanted access to him for the future.  I paid for the collection and freezing and they wrote a formal letter releasing all rights of ownership of that collection to me. 

Hope that helps.