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An INteresting Option IN UTERO By Gigha Steinman


Did you ever have the urge to breed a foal but were afraid to go through the process on your own? Was there a particular stallion you want a future star from, but can’t find his progeny? Do you enjoy raising a youngster but don’t want the commitment of own- ing your own broodmare? Perhaps buying a foal “in utero” is something to explore, as you may have no- ticed this intriguing offer appearing in some breeders’ advertisements or on their websites.


market. Here several breeders offer advice and share their experiences of both buying and selling in utero.


W


The Basics The basics of in utero sales are fairly universal, although indi-


vidual contracts may vary. Selling a foal “in utero” means the buyer and seller agree to a purchase contract before a foal is born—the foal is literally still in the mare’s womb. Some contracts may stipulate “colt only” or “filly only.” In the case of a “colt only” specified contract, if a filly were to be born, the contract would be nullified. Some contracts may also have contingencies for color (such as a guarantee for a pinto foal or a dilute) but these are less common.


hile this may sound like a crazy gamble to some people, the practice of selling and buying foals in utero is slowly gaining popularity in the sport horse


In utero contracts generally require a portion of the sales


price be paid up front, ranging from as little as 15 percent to as much as 50 percent. The remainder of the money owed is normally due when the foal is born or before the buyer takes possession of the foal. These deposits are rarely refundable if the foal is born healthy. If the foal is aborted, born dead or is not healthy, this scenario is typically covered by a “live foal guarantee” in the purchase contract. It is fairly common for in utero purchase contracts to include some form of a “live foal guarantee.” Some of the live foal guarantees are literal—if the foal is born alive the contract remains in effect, whether or not the foal is healthy. Other live foal guarantees are more generous. Cheryl John- son of Hidden Acres Farm in Michigan has been selling foals in utero for seven years. “We reassure our buyers by offering a live foal guarantee,” she explains. “Our foals have a healthy foal check at 48 hours, performed by a veterinarian, similar to the exam an insurance company would require. If the foal is not healthy the buyer can opt to have their deposit com- pletely refunded.” Once there is a contract in place to purchase a foal in


utero, some insurance companies will provide “prospective foal insurance” or “prospective foal coverage.” The prereq- uisites vary depending on the company. The breeder may have to provide breeding records, vet certificates confirming pregnancy, copies of the in utero contract to verify the sale price and other paperwork. This type of insurance can be costly and complicated to obtain since it isn’t common, but it is one option for breeders to consider if they are selling foals in utero.


The Buyer’s Perspective Jan Marquardt of Walkabout Station in Texas and Jordan Hat-


Red Sailor HF (Redwine x Popeye K) purchased in utero. Owner Jordan Hattaway / Hattaway Farms.


76 March/April 2014


taway of Hattaway Farms in North Carolina have both pur- chased foals in utero. Both were looking for specific blood- lines and couldn’t find any foals for sale which fit what they were looking for. In Jordan’s case, she was specifically looking for a filly for the USEF Hunter Breeding classes. “I was looking for certain bloodlines when I came across the ad for an in utero foal,” she recalls. “It was definitely scary and a huge risk but it was also less expensive, and the seller’s contract was very fair and in- cluded a live foal guarantee and a ‘filly only’ option.” Jordan was happy with her in utero purchase experience with the breeder, Robbi Scott of Four Fillies Farm in Okla- homa. Jordan named her foal Red Sailor HF and adds that another advantage of buying in utero was that she was able


Robbi Scott / Four Fillies Farm


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