In keeping with the current PRE Stud Book procedures, the breeder of a foal is the owner of the dam at the time of foaling. Therefore, it is essential that all breeders who purchase a broodmare and will be breeding with her, request a change of ownership prior to the birth of the filly/colt.
The documentation for the rental of wombs is, in many cases, being used incorrectly. A given breeder appears as the breeder of a foal, when that is not the case, and without being the true owner of the dam when the foal is born, and without having foaled on his/her stud farm. These events have major consequences at competitions. For example, this undermines the results of stud farms who are seeking the Best Breeder Award.
Therefore, it is essential that the specifications defining what a true womb rental is or isn’t must be established:
A rented womb arises due to the desire of a breeder to breed a foal out of a mare, when that mare is actually owned by another breeder. Such an agreement must be clearly indicated in the womb rental contract.
Therefore, the first prerequisite that must be met is that the womb rental contract must be filled out and signed by all interested parties. This contract must be presented at the PRE Stud Book office at least eight (8) months prior to the birth of the filly/colt. The logics behind renting a womb begin well before the mare is pregnant and an agreement is made between the breeder-lessee of the mare and the owner of the sire. Therefore, when the mare is covered/inseminated—which is when the final agreement is reached and appropriately established—the womb rental contract must be signed and presented at the PRE Stud Book office. The PRE Stud Book web site provides a basic model.
Due to the importance of this document, the lease between the two breeders involved must signed and the signatures certified by a Notary.
This measure will not be applied immediately, as there are womb rental contracts that have been signed prior to the publication of this notification, which may or may not meet the requirements established herein.
Therefore, as of today, a one (1) month grace period has been established, beginning and applicable the day after this information has been published. Breeders who currently have a womb rental contract that has been signed prior to today (which corresponds to a foal that has not yet been born/registered, etc., etc.) must immediately inform the PRE Stud Book Office.
As of this date: November 30th, ALL womb rentals must comply with the procedure established herein: breeders must present the signed contract before the PRE Stud Book office at least eight (8) month prior to the birth of the foal and this must be signed and the signature certified by a Notary.
