Pennsylvania House Passes Bill Saying Pets Are Family Members, Not Objects

On Monday, the Pennsylvania House of Representatives passed a new bill that classifies pets as “living beings that are generally regarded as cherished family members” — not inanimate personal property — during divorce proceedings. House Bill 97 passed with a whooping 121-82 vote and will now head to the state Senate. 

If the bill passes, the state’s Domestic Relations statute will add a special category for companion animals. Judges will then be legally required to consider the welfare of pets when it comes to which individual gets custody. This includes many factors such as whether the animal was acquired before or during the marriage; the pet’s basic daily needs; which party can financially care for the animal; which party has historically cared for the pet’s social and veterinary needs; and which party has taken care of legal matters like licensing. 

When it comes to service animals, the bill ensures that they will stay with the party who requires the pet’s assistance, or the party who has custody of a child under 18. Additionally, the bill would also allow parties to enter into an enforceable agreement outside of the divorce that provides for the care of a pet.

The bill was proposed by Representative Anita Kulik. A former attorney motivated by her own experience in court, Kulik hopes that this bill will ease the already stressful divorce process while also accounting for the well-being of pets. 

“During my career as an attorney, I have witnessed too many divorce proceedings in which a couple could not agree on the best arrangement for a beloved pet,” wrote Kulik in a memo attached to the bill. “At times, a pet can be used by one party as leverage against the other when negotiating the division of assets. Current law provides no special provisions for pets; instead, they are treated the same as a couch or other inanimate objects in divorce proceedings.”

Historically, pets have been considered property by the law instead of treasured family members. In most cases, beloved animals had the same rights as furniture or appliances. But the legal status of animals is shifting and an indication that the general public is considering their needs and feelings of pets. This past June, a New York City judge ruled that pets can be considered family in cases of emotional distress. There are still limitations and definitely many places in the country where animals are treated as property, but it’s a step in the right direction.

Even if the law doesn’t always align, more couples than ever are approaching co-parenting a pet like raising a child. Last month, Kinship published a study revealing that 24 percent of American couples have a pet-nup in place — yup, that’s a pre-nup, but for pet custody. The number jumps to 35 percent for Gen Z. In the same study, Kinship also found that pet parents would be willing to pursue legal action for pet custody following a breakup. Young people in particular are more likely to have conversations about the future of their pets in the case of a break up. 

If the bill passes, the law would take effect 60 days later.