Birth parent's revocation of consent to independent adoption (30-day period)

29 days after date the birth parent signed the consent to adoption (fam. code 8801.3 or 8814), under Cal. Fam. Code 8814.5(a)-(b).

Rule text

8814.5(a): "the birth parent or parents signing the consent shall have 30 days to take one of the following actions: (1) Sign and deliver to the department or delegated county adoption agency a written statement revoking the consent ... (3) Allow the consent to become a permanent consent on the 31st day after signing." 8814.5(b): "The consent may not be revoked after a waiver of the right to revoke consent has been signed or after 30 days, beginning on the date the consent was signed or as provided in paragraph (1) of subdivision (a), whichever occurs first."

Cal. Fam. Code 8814.5(a)-(b), official source

Calculate this deadline

Deadline
Saturday, December 5, 2026
  1. Trigger (Date the birth parent signed the consent to adoption (Fam. Code 8801.3 or 8814)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 29 calendar days: Saturday, December 5, 2026.
  3. That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, December 5, 2026.
Rules applied
Cal. Fam. Code 8814.5(a)-(b)
8814.5(a): "the birth parent or parents signing the consent shall have 30 days to take one of the following actions: (1) Sign and deliver to the department or delegated county adoption agency a written statement revoking the consent ... (3) Allow the consent to become a permanent consent on the 31st day after signing." 8814.5(b): "The consent may not be revoked after a waiver of the right to revoke consent has been signed or after 30 days, beginning on the date the consent was signed or as provided in paragraph (1) of subdivision (a), whichever occurs first."
Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."
Official source
  • AMBIGUITY, conservative date shown. 8814.5(b) says the 30 days begin ON the signing date (signing date = day 1, so day 30 = signing date + 29). 8814.5(a)(3) says consent becomes permanent 'on the 31st day after signing', which suggests revocation through signing date + 30. This rule outputs signing date + 29 (days: 29) with no roll. Revocation must be signed AND delivered to the department or delegated county adoption agency. Period ends immediately if a waiver of the right to revoke is signed (8814.5(a)(2), (b)). A reinstatement of consent after revocation restarts or resumes the period (8814.5(a)(1)); not modeled. Applies to independent adoptions and, via 9003, stepparent adoption consents are governed by 9005 (withdrawal only with court approval), NOT this rule. Applies to independent adoptions under 8814. Stepparent adoption consents are governed by Fam. Code 9005 (withdrawal only with court approval), not this rule. [Validation 2026-11, Q0342. Authority: Cal. Fam. Code 9005(a)]
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the birth parent signed the consent to adoption (Fam. Code 8801.3 or 8814) on Monday, March 15, 2027, personal service: due Tuesday, April 13, 2027.

  1. Trigger (Date the birth parent signed the consent to adoption (Fam. Code 8801.3 or 8814)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 29 calendar days: Tuesday, April 13, 2027.

Unsettled points

  • The calculator shows signing date plus 29 days, with no roll, as the last day to revoke the consent, the earliest reading.Other reading: Under 8814.5(a)(3), revocation may be allowed through signing date plus 30 days, one day later.

Notes

AMBIGUITY, conservative date shown. 8814.5(b) says the 30 days begin ON the signing date (signing date = day 1, so day 30 = signing date + 29). 8814.5(a)(3) says consent becomes permanent 'on the 31st day after signing', which suggests revocation through signing date + 30. This rule outputs signing date + 29 (days: 29) with no roll. Revocation must be signed AND delivered to the department or delegated county adoption agency. Period ends immediately if a waiver of the right to revoke is signed (8814.5(a)(2), (b)). A reinstatement of consent after revocation restarts or resumes the period (8814.5(a)(1)); not modeled. Applies to independent adoptions and, via 9003, stepparent adoption consents are governed by 9005 (withdrawal only with court approval), NOT this rule. Applies to independent adoptions under 8814. Stepparent adoption consents are governed by Fam. Code 9005 (withdrawal only with court approval), not this rule. [Validation 2026-11, Q0342. Authority: Cal. Fam. Code 9005(a)]

Related deadlines

All California family law deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.