Action to vacate adoption based on fraud: 90 days after discovery
90 days after date the fraud was discovered, under Cal. Fam. Code 9102(b).
Rule text
shall be commenced within three years after entry of the order, or within 90 days of discovery of the fraud, whichever is earlier.
Calculate this deadline
- Trigger (Date the fraud was discovered): Friday, November 6, 2026.
- Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Cal. Fam. Code 9102(b)
shall be commenced within three years after entry of the order, or within 90 days of discovery of the fraud, whichever is earlier.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
- EARLIER-of rule with vacate_adoption_fraud_3yr. The statute says 'discovery' (not 'should have discovered'); a court could still apply constructive discovery. Use the earliest arguable discovery date.
- 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 fraud was discovered on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.
- Trigger (Date the fraud was discovered): Monday, March 15, 2027.
- Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 2027 (Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)).
Notes
EARLIER-of rule with vacate_adoption_fraud_3yr. The statute says 'discovery' (not 'should have discovered'); a court could still apply constructive discovery. Use the earliest arguable discovery date.
Related deadlines
- Alleged father's action to establish parentage after 7662 notice of proposed adoption (from service of notice) (30 days after)
- Alleged father's action to establish parentage after 7662 notice of proposed adoption (from birth) (30 days after)
- Notice of proceeding to terminate alleged father's parental rights (serve at least 10 days before) (10 days before)
- Hearing on petition to terminate alleged father's parental rights must be set within 45 days of filing (45 days after)
- Hearing on petition to declare child free from parental custody and control must be set within 45 days of filing (45 days after)
- Serve citation in freedom-from-custody proceeding (at least 10 days before appearance) (10 days before)
- Birth parent's revocation of consent to independent adoption (30-day period) (29 days after)
- Rescind relinquishment after notice that child will not be placed with (or is removed from) named adoptive parents (30 days after)
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.