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Several countries have implemented laws and regulations on emotional support pets (ESAs). Frequently Asked Questions
Today, the assistance provided by emotional support pets to humans is a widely recognized and valued phenomenon. Several countries have enacted laws and regulations to systematize the right to this assistance. In this article, I will inform you about the progress of the law at the international level. Obviously, there are businesses and activities that do not want to accept pets. At the end of this article, I will explain how to circumvent these laws and regulations, in most cases.
This assistance is based on the special connection between an individual and his or her animal, which provides essential support for the human’s emotional well-being. These pets are commonly referred to as emotional support pets (ESA) and their role is critical in improving the emotional quality of life for individuals. Emotional support pets have become widespread during the Covid shutdown and many countries, condominiums and facilities have had to comply with the demands of people in need of emotional support pets.
What is an emotional support pet (ESA)?
An ESA is a companion that provides emotional support to its owner, particularly in cases of disability or mental health disorders. The mere presence of the animal can be a source of comfort and relief. These pets are not required to have specialized training; their value lies in the comfort they provide.
Difference between ESAs and service pets it is important not to confuse ESAs with service pets, which are trained to perform specific tasks for their owners, as in the case of blind people. ESAs offer a type of passive emotional love and support, simply through their comforting presence, which creates a unique bond and qualifies a pet as an ESA.
What are the benefits of having an ESA?
The presence of an ESA can bring multiple emotional and physical benefits to its owner:
- Reduced stress and anxiety: contact with an ESA can significantly decrease stress and anxiety levels, thanks to the release of endorphins during the interaction.
- Improved mental health: for those struggling with issues such as depression, an ESA can be a source of comfort and emotional support.
- Encouragement of physical activity: caring for an ESA usually leads to increased physical activity, which is beneficial for those who are sedentary.
- Relief from loneliness: the constant companionship of an ESA can be an effective antidote to loneliness, offering affection and constant companionship.
- Increased self-esteem: bonding with an ESA can boost self-esteem and confidence, thanks to the unconditional love and attention received from the animal.
Are ESA legally recognized internationally?
The legal acceptance of emotional support pets varies worldwide. While in some places these pets enjoy special privileges, such as accompanying their owners in public spaces or residing in areas that normally do not allow pets, in others the legal situation may be very different.
Before considering an animal as an ESA, it is crucial to know the legislation and regulations in force in your region. Current legislation and regulations are quite ambiguous and open to interpretation. In order to validate or invalidate these laws and regulations, it is essential to have a knowledgeable attorney.
What types of pets can be emotional support pets?
An animal may qualify as an ESA if a medical professional prescribes it as part of the treatment of a patient’s disability. Pets such as dogs, cats, rabbits, hamsters or birds can be ESAs. It is the relationship between the person and their animal rather than the intrinsic abilities of the animal that is the determining factor.
Dogs tend to be the most common as emotional support pets, given their socialization skills, intelligence and strong bond with humans. However, regardless of the animal, the owner is responsible for its care and well-being.
ESAs, like dogs, although not trained for specific tasks like service pets, can offer a wide variety of emotional and behavioral supports. They can, for example, help manage daily life, detect and respond to emotional changes, and offer reassurance and assistance in challenging situations, which can enhance a person’s confidence and autonomy.
How to obtain a certificate of evaluation for an emotional support pet?
- To clarify, there is no formal “certification” process for emotional support pets. No official certificates or ESA registrations are recognized. What is needed is a certification from a mental health professional attesting to the animal’s need for emotional well-being.
- It is crucial to avoid fraudulent services on the internet that promise ESA certifications in exchange for money. In lieu of these documents, a certificate from a licensed mental health professional, such as a therapist, psychologist or psychiatrist, justifying the need for an ESA is required. Certificates from a psychiatrist are more widely accepted.
- The professional’s certification must include the following:
- It must be official, on the practitioner’s letterhead, and issued by a licensed physician or therapist.
- It must present the practitioner’s license number and copy of the license, signature and date of issue.
- Must clearly state the patient’s need for an ESA. You do not need the practitioner’s diagnosis.
What do I need to travel with an ESA?
To travel with an ESA, in addition to the practitioner’s certificate, a “pet passport” and other necessary travel documents must be obtained, which may include:
- Proof of rabies vaccination.
- Certificate of health of the animal.
- Record of additional vaccinations.
- Anti-parasite treatment.
Which airlines facilitate cabin travel with emotional support pets?
In the Americas airlines that allow ESA:
- Avianca: admits emotional support pets in cabin as long as they weigh less than 10 kilograms and travel in containers that can be placed under the passenger’s seat.
- Latam Airlines: Cats and emotional support dogs are allowed to travel. Cats must be transported in containers and weigh no more than 7 kilograms. Dogs may travel without a container, with no weight limit.
- Copa Airlines: accepts ESA in the cabin. If the animal is too large to fit under the seat, there is the option to purchase an extra seat, although the animal cannot occupy a seat by itself.
- Wingo: accepts ESA, with the condition that they are small breeds, excluding larger dogs in the cabin.
- Aeromexico: allows ESA in the cabin at no additional cost, requesting 48 hours prior notice and a medical certificate justifying the need for ESA.
- Volaris: allows emotional support pets to travel in the cabin at no additional fee.
- Viva Aerobus: also allows ESA in cabin.
In Europe, airlines that allow emotional support pets:
- Air Berlin: ESAs are welcome in cabin as long as they do not exceed 10 kilograms and are housed in a container that complies with the stipulated dimensions.
- Air Europa: allows ESA access in the cabin if the animal is older than 10 weeks and has all its vaccinations up to date.
- Air France: admits ESA (cats and dogs) in the cabin that do not exceed 8 kilograms.
- Iberia: accepts ESA in cabin, but with a weight restriction of up to 8 kilograms.
- Lufthansa: allows ESA in cabin, limiting acceptance to dogs and cats not exceeding 8 kilograms.
Other international airlines that allow ESA:
- China Air
- Norwegian Air
- Singapore Air
- Virgin Australia
All of these airlines accept emotional support pets under their own specific policies and conditions that you can find on their respective websites.
Which airlines do not accept emotional support pets?
Low-cost airlines, such as Ryanair and EasyJet, generally do not allow ESA in the cabin.
In the United States, since 2021, legislation gives airlines the power to restrict free ESA access to the cabin, due to incidents related to inappropriate behavior of some pets during flights.
Can emotional support pets enter supermarkets?
Supermarkets are implementing more restrictions on access for emotional support pets. In the United States, the Publix supermarket chain has opted to ban these pets. Its stores display signs informing customers of this policy, arguing that emotional support pets may compromise the hygiene of the food on the shelves because they are not specifically trained for such environments.
On the other hand, in some countries such as Spain, legislation is more permissive. Article 29 of the Animal Welfare Law allows emotional support pets to enter public spaces, stores and means of transportation, as long as they do not represent a danger to people, other living beings or the environment (the Law does not consider eventual public health problems).
Can my ESA be refused entry into a housing facility?
The issue of cohabitation of emotional support pets in rented housing has raised debates. In Florida (USA), a law was enacted on July 1, 2020 that defines the rights and duties of tenants and landlords with respect to ESAs. This came in response to concerns by landlords and condominium associations about the use of false certificates for ESAs. The legislation guarantees the right of individuals to live with their ESA without landlords or condominium associations being able to deny them housing for this reason.
However, the law has also increased the requirements to prove the need for an ESA. The documents submitted must come from government entities or mental health professionals, including telehealth providers, confirming the individual’s emotional condition and the need for the animal for treatment.
In addition, in California (USA), as of January 2022, there is a law that imposes penalties on those who misrepresent information to classify their pets as emotional support pets. The regulation requires an active licensed mental health professional to issue a signed statement explicitly verifying the need for an ESA.
How can I deny access to an ESA at my facility if the law allows it?
You cannot, however, you can act strictly and this will allow you to deny access to ESAs in most cases. Hire a knowledgeable attorney to draft an internal regulation regarding the entry of emotional support pets into your facility or rental home.
Specifically, the lawyer will analyze the law and regulations in force in your country in order to make it difficult for ESA clients to enter. Keep in mind that most people with ESA will provide you with incomplete or defective certifications.
Examples of measures you can take to not accept ESA
- Certificates must be issued by licensed professionals. You have the right to be able to check the authenticity of the certificate. It must contain the name, license number, copy of the professional document, telephone number of the professional.
- You can demand that the certificate be authenticated by a public entity or a notary.
- You can reject certificates obtained online, if the professional does not declare that the bearer of the certificate is under his treatment or does not contain the issuer’s data that allow you to check the authenticity.
- If the certificate is issued abroad, you can demand that it be translated into the language of your country and that it be apostilled. The apostille must be placed on the original certificate and on the translation. In case the issuing country is not a signatory to the Hague Apostille Convention of October 5, 1961, you may require that the certificate be authenticated by the consulate of your country in the issuing country. An apostille and an authentication certificate serve to verify signatures, seals, or stamps on documents. Any document (excluding passports) is not valid abroad without an apostille or consular authentication.
Remember that you cannot require the certificate to show the diagnosis or details about the reasons for the psychological or psychiatric treatment of the patient with ESA.
If you do not want emotional support pets in your establishment or rental home, you will find that you can circumvent laws or regulations that you do not approve of by putting obstacles in the way.
