Independent adoption: birth parent advised of rights at least 10 days before signing the adoption placement agreement
10 days after date the birth parent was advised of rights by the adoption service provider (fam. code 8801.5), under Cal. Fam. Code 8801.3(b)(1).
Rule text
8801.3(b)(1): "Each birth parent shall have been advised of their rights pursuant to Section 8801.5 at least 10 days before signing the agreement, unless the adoption service provider finds exigent circumstances that shall be set forth in the adoption placement agreement."
Calculate this deadline
- Trigger (Date the birth parent was advised of rights by the adoption service provider (Fam. Code 8801.5)): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Cal. Fam. Code 8801.3(b)(1)
8801.3(b)(1): "Each birth parent shall have been advised of their rights pursuant to Section 8801.5 at least 10 days before signing the agreement, unless the adoption service provider finds exigent circumstances that shall be set forth in the adoption placement agreement."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
- Earliest signing date absent exigent circumstances. The agreement also may not be signed until the birth mother's discharge from the hospital (8801.3(b)(2)).
- 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 was advised of rights by the adoption service provider (Fam. Code 8801.5) on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date the birth parent was advised of rights by the adoption service provider (Fam. Code 8801.5)): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
Earliest signing date absent exigent circumstances. The agreement also may not be signed until the birth mother's discharge from the hospital (8801.3(b)(2)).
Related deadlines
- Indian child adoption: parent's consent valid only if executed at least 10 days after the child's birth (before a judge) (10 days after)
- Postadoption contact agreement: petitioner provides file-marked copy to signatories and agency within 30 days of receipt (30 days after)
- Agency adoption: relinquishment becomes final 10 business days after CDSS receives the filing (unless acknowledged earlier or waived) (10 business days after)
- Relinquishment with waiver of right to revoke signed before private agency representative: final at close of next business day (1 business day after)
- Relinquishment waiver signed after relinquishment was sent to CDSS: agency submits waiver and certificate within 2 business days (2 business days after)
- Pending adoption: court permission to remove child from county may be granted if no agency objection within 15 days after notice (15 days after)
- Independent adoption: CDSS/delegated county agency files investigation report within 180 days after receiving 50 percent of the fee (180 days after)
- Independent adoption: at least 5 days' notice to petitioners of agency request for more time to file report (5 days before)
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.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
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.