For decades, the American legal system has operated under a rigid, albeit cold, classification: pets are property. In the eyes of the law, a beloved family dog held the same legal status as a toaster or a dining room set. However, the Pennsylvania House of Representatives recently took a historic step toward aligning the law with the human heart, passing a bill that recognizes pets as "living beings" rather than inanimate objects.

The Evolution of House Bill 97

House Bill 97 (Printer’s No. 80) passed the Pennsylvania House with a decisive 121-82 vote and has now moved to the State Senate for consideration. If signed into law, it would represent one of the most significant shifts in the Commonwealth’s domestic relations code in years.

The bill creates a "special category" of personal property for companion animals. While it does not grant pets the same legal rights as human children, it explicitly directs judges to treat them as sentient beings with unique needs. This move places Pennsylvania among a growing list of states—including Alaska, California, Illinois, and New York—that have modernized their divorce laws to include "best interest" considerations for pets.

How Judges Would Decide "Pet Custody"

Under current law, if a divorcing couple cannot agree on who keeps the cat or dog, a judge typically awards the animal to whoever paid for it or whose name is on the registration—much like a car.

If HB 97 passes, the court would be empowered to consider the well-being of the animal. According to the bill text available via LegiScan, judges would evaluate several factors to determine possession or care, including:

• Primary Caregiving: Who handles daily needs like feeding, walking, and grooming?

• Medical Responsibility: Who manages veterinary appointments and healthcare decisions?

• Social Interaction: Who provides the most consistent emotional bond and social engagement?

• Financial Stability: Who has the resources to provide for the animal’s ongoing needs, from food to emergency medical care?

Special Protections for Service Animals

A vital component of HB 97 is the heightened protection for service animals. The bill creates a legal "presumption" that a service animal should remain with the individual who requires their assistance. This ensures that vulnerable individuals—or households with children who rely on service animals for medical or emotional support—are not separated from their essential companions during the upheaval of a divorce.

The Changing Status of Animals in America

Legal experts from The Animal Legal Defense Fund note that this shift reflects a broader societal change. Research from the Human Animal Bond Research Institute (HABRI) shows that 95% of pet owners consider their pets to be members of the family.

"The law is finally starting to catch up with how people actually live," advocates note. By recognizing animals as "living beings," Pennsylvania is acknowledging that the emotional trauma of losing a pet during a divorce can be as significant as the loss of other familial relationships.

Conclusion: A Compassionate Precedent

While Pennsylvania has not yet fully abandoned the classification of animals as property in every legal sphere, HB 97 is a major victory for animal welfare advocates. It acknowledges that a dog is not a couch and a cat is not a lamp. It recognizes that for most families, a pet is someone you wake up for, someone you worry about, and—ultimately—someone you love.

As the bill heads to the Senate, all eyes are on Pennsylvania to see if it will join the vanguard of states that prioritize compassion over cold "property" labels in the courtroom.

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Comparison of Pet Status in Divorce Law

State	Legal Standard Used	Year Implemented
Alaska	First state to require "well-being" considerations.	2017
California	Judge may consider the "care" of the animal.	2019
Pennsylvania	Proposed: "Living beings" with "special category."	Pending 2026
Source	Animal Legal Defense Fund / LegiScan	PA General Assembly