Agency adoption: relinquishment becomes final 10 business days after CDSS receives the filing (unless acknowledged earlier or waived)

10 business days after date the california department of social services received the certified relinquishment, under Cal. Fam. Code 8700(e)(1).

Rule text

8700(e)(1): "The relinquishment shall be final 10 business days after receipt of the filing by the department, unless any of the following applies:(A) The department sends written acknowledgment of receipt of the relinquishment prior to the expiration of that 10-day period, at which time the relinquishment shall be final.(B) A longer period of time is necessary due to a pending court action or some other cause beyond control of the department.(C) The birth parent signs a waiver of right to revoke relinquishment pursuant to Section 8700.5, in which case the relinquishment shall become final as provided in that section."

Cal. Fam. Code 8700(e)(1), official source

Calculate this deadline

Deadline
Thursday, November 19, 2026
  1. Trigger (Date the California Department of Social Services received the certified relinquishment): Friday, November 6, 2026.
  2. Count 10 business days under Civil Code 9 (Sundays and state holidays are not counted; Saturdays are): Thursday, November 19, 2026.
Rules applied
Cal. Fam. Code 8700(e)(1)
8700(e)(1): "The relinquishment shall be final 10 business days after receipt of the filing by the department, unless any of the following applies:(A) The department sends written acknowledgment of receipt of the relinquishment prior to the expiration of that 10-day period, at which time the relinquishment shall be final.(B) A longer period of time is necessary due to a pending court action or some other cause beyond control of the department.(C) The birth parent signs a waiver of right to revoke relinquishment pursuant to Section 8700.5, in which case the relinquishment shall become final as provided in that section."
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
  • 'Business days' modeled as court days (Mon-Fri excluding state holidays); a lawyer should confirm. Earlier finality on CDSS written acknowledgment or a signed 8700.5 waiver. Until final, the birth parent may request withdrawal. CORRECTION: count is civil_business. Business days under Civ. Code 7 and 9 (Saturdays are business days; Sundays and Gov. Code 6700 holidays are not); the earlier "modeled as court days" sentence is superseded. [Validation 2026-11, Q0423. Authority: Cal. Civ. Code 9]
  • 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 California Department of Social Services received the certified relinquishment on Monday, March 15, 2027, personal service: due Friday, March 26, 2027.

  1. Trigger (Date the California Department of Social Services received the certified relinquishment): Monday, March 15, 2027.
  2. Count 10 business days under Civil Code 9 (Sundays and state holidays are not counted; Saturdays are): Friday, March 26, 2027.

Notes

'Business days' modeled as court days (Mon-Fri excluding state holidays); a lawyer should confirm. Earlier finality on CDSS written acknowledgment or a signed 8700.5 waiver. Until final, the birth parent may request withdrawal. CORRECTION: count is civil_business. Business days under Civ. Code 7 and 9 (Saturdays are business days; Sundays and Gov. Code 6700 holidays are not); the earlier "modeled as court days" sentence is superseded. [Validation 2026-11, Q0423. Authority: Cal. Civ. Code 9]

Related deadlines

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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.