Although the Animal Welfare Law has been in application for some time, one of the questions most frequently repeated among owners is whether a dog or a cat can be given away or handed over without a microchip. The answer is completely clear: no. The legislation mandates that the animal must be identified before any transfer or adoption. The regulations aim to put a stop to abandonment and improve control over companion animals. To achieve this, it turns identification into an indispensable requirement before any change of ownership.
Dogs and cats occupy an increasingly important place in Spanish households today. Beyond companionship, they form part of the routine and family environment of millions of people. The microchip has become a fundamental tool to guarantee the protection of animals. This small device allows the animal to be linked to its legally responsible person and facilitates its location in case of loss or abandonment.
Furthermore, it helps to streamline the work of vets, animal shelters and security forces. Thanks to identification, it is simpler to return an animal to its home and detect potential situations of abandonment or abuse. Identification also plays a relevant role in health and public safety matters, as it allows for greater control over the animal population and its official registries.
Despite this, a significant number of animals still remain outside the official identification system. In Spain, one in three households lives with at least one companion animal and there are currently more than thirteen million registered, according to data from the autonomous communities. However, various studies reflect that identification remains insufficient.
Research conducted by the Affinity Foundation and the Department of Psychiatry and Legal Medicine at the Autonomous University of Barcelona concludes that only 27.7% of dogs arriving at shelters have a microchip. The situation is even more worrying in cats, where the percentage barely reaches 4.3%. This implies that a large proportion of animals remain outside official control, hampering both their protection and the management of problems related to public health or abandonment in locations such as Alicante.
Law 7/2023 leaves this obligation clear. The text expressly prohibits “the commercialisation, donation or handover for adoption of unidentified and previously registered animals”. Thus, anyone wishing to hand over an animal must first ensure that the dog, cat or ferret has a microchip and is correctly registered.
The regulations also specify that dogs, cats and ferrets under eight weeks of age cannot be transferred, and they mandate that a contract must be formalised for free transfers. In the case of adoptions, these can only be managed through public animal protection centres or registered entities. In addition, the new responsible person must receive information regarding the health status, treatments and necessary care of the animal.
The legislation also incorporates other measures aimed at reinforcing animal welfare. Among them, it prohibits slaughter for economic reasons, space limitations or due to a lack of adopters. “Euthanasia will only be justified under veterinary criteria and control,” the law itself states, limiting this practice to cases of irreversible suffering.
Likewise, the rule bans mutilations for aesthetic purposes, the use of electric or punishment collars, and keeping dogs and cats habitually on terraces, balconies or in vehicles. It also prevents animals from being left alone for prolonged periods. In the case of dogs, they cannot remain without supervision for more than 24 consecutive hours.
