Adoptive parents' petition to set aside adoption for child's pre-existing developmental disability or mental illness: within 5 years after the adoption order

60 months after date the order of adoption was entered, under Cal. Fam. Code 9100(b).

Rule text

9100(b): "The petition shall be filed within five years after the entry of the order of adoption."

Cal. Fam. Code 9100(b), official source

Calculate this deadline

Deadline
Thursday, November 6, 2031
  1. Trigger (Date the order of adoption was entered): Friday, November 6, 2026.
  2. Add 60 months: Thursday, November 6, 2031.
Rules applied
Cal. Fam. Code 9100(b)
9100(b): "The petition shall be filed within five years after the entry of the order of adoption."
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 the 9100(a) ground (undisclosed pre-existing condition of which adoptive parents had no knowledge). CDSS must file a report within 60 days after the clerk's notice (9100(c)(1)). Compare existing 9102 rules.
  • 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 order of adoption was entered on Monday, March 15, 2027, personal service: due Monday, March 15, 2032.

  1. Trigger (Date the order of adoption was entered): Monday, March 15, 2027.
  2. Add 60 months: Monday, March 15, 2032.

Notes

Applies only to the 9100(a) ground (undisclosed pre-existing condition of which adoptive parents had no knowledge). CDSS must file a report within 60 days after the clerk's notice (9100(c)(1)). Compare existing 9102 rules.

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.