Rescind relinquishment after notice that child will not be placed with (or is removed from) named adoptive parents

30 days after date the agency mailed the fam. code 8700(g) notice to the relinquishing birth parent, under Cal. Fam. Code 8700(g)-(h).

Rule text

(h) The relinquishing parent has 30 days from the date on which the notice described in subdivision (g) was mailed to rescind the relinquishment. (1) If the relinquishing parent requests rescission during the 30-day period, the department, county adoption agency, or licensed adoption agency shall rescind the relinquishment.

Cal. Fam. Code 8700(g)-(h), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the agency mailed the Fam. Code 8700(g) notice to the relinquishing birth parent): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)).
Rules applied
Cal. Fam. Code 8700(g)-(h)
(h) The relinquishing parent has 30 days from the date on which the notice described in subdivision (g) was mailed to rescind the relinquishment. (1) If the relinquishing parent requests rescission during the 30-day period, the department, county adoption agency, or licensed adoption agency shall rescind the relinquishment.
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
  • Applies only to a relinquishment that names the intended adoptive parents, where the child is not placed with them or is removed before the adoption is granted (8700(g)). Runs from MAILING (certified mail, return receipt requested), not receipt; no CCP 1013 extension (agency procedure, statute fixes the start). Ordinary relinquishments become final 10 business days after the department receives the filing (8700(e)(1)); that agency-side event is not modeled.
  • 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 agency mailed the Fam. Code 8700(g) notice to the relinquishing birth parent on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the agency mailed the Fam. Code 8700(g) notice to the relinquishing birth parent): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Applies only to a relinquishment that names the intended adoptive parents, where the child is not placed with them or is removed before the adoption is granted (8700(g)). Runs from MAILING (certified mail, return receipt requested), not receipt; no CCP 1013 extension (agency procedure, statute fixes the start). Ordinary relinquishments become final 10 business days after the department receives the filing (8700(e)(1)); that agency-side event is not modeled.

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.