As everyone has said already, unfortunately he does have rights to that pup if that was the agreement, but if all she has is a male and he wanted a female, I see no reason why he wouldn't just accept the stud fee instead and let it go.
I have yet to stud my males because it scares me and just hasn't been something I want to deal with as of yet. However, I do have a contract drawn up in case it ever does happen, and I state that if the female has a no pups a repeat breeding can be done at no extra charge, and if she has one puppy I will not take it and the stud fee will be cut in half. So instead of paying $500 or me getting the pup, they just pay $250 and keep their only baby.
I have had to use a stud before and one of mine only had one pup. I had a stud fee contract and she did not make me pay it, but she had told me beforehand that she wouldn't if that happened.
I think everything should be in writing before the studding even takes place. Otherwise you don't have a leg to stand on. You will just have to hope that he will let you pay the fee instead. |