New Law in Texas: Birth Certificates Now Required in Custody and Family Court Cases

Starting September 1, 2025, a new law--Texas House Bill 1973—will change the way parents and families file cases involving children in Texas courts. This law amends Texas Family Code § 102.008, which governs the filing of a Suit Affecting the Parent-Child Relationship (SAPCR).
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If you are beginning a case about custody, visitation, child support, or other parent–child issues, you will now be required to submit a certified copy of your child’s birth certificate at the time you file.

This new requirement is important for anyone considering family litigation in Texas, so let’s break it down.

What the New Law Requires

1. Certified Birth Certificate Must Be Filed
   • When you file a SAPCR, you must include a certified copy of the child’s birth certificate.
   • This document must be filed under seal and kept separate from the other court papers.
   • This means it will not be part of the public case file and will be protected from public view.
2. Alternative Proof Allowed if Needed
   • If a certified copy is not available or if the certificate doesn’t list both parents, the judge may ask for other proof of parentage, such as hospital records or an acknowledgment of paternity.
   • These documents will also be kept confidential.
3. Exceptions for State Cases
   • If the case is brought by the Texas Attorney General’s Office (such as a child support enforcement case), this requirement does not apply.

Why Did Texas Make This Change?
The Legislature passed HB 1973 to make sure courts have accurate, official proof of a child’s identity and parentage from the very beginning of a case.
This has several benefits for families:

• Accuracy: Ensures there’s no confusion about the child who is the subject of the case.
• Efficiency: Reduces disputes later in the process about names, dates of birth, or parentage.
• Privacy: By requiring the document to be filed under seal, it protects children’s sensitive information from appearing in public court records.

What This Means for Families Going to Court
If you plan to file a custody, visitation, or support case after September 1, 2025, you should:

• Obtain a certified copy of your child’s birth certificate before filing.
• Work with your attorney to make sure it is filed correctly--under seal and separately from your petition.
• Be prepared that the court may ask for the document before your case can move forward.

If you don’t have a certified copy yet, don’t panic—there are clear ways to get one.

How to Get a Certified Birth Certificate in Texas
In Texas, certified copies are issued by the Texas Department of State Health Services (DSHS) or by local county clerk/city registrar offices. Here are your main options:

1. Order Online
   • Visit the official Texas.gov Vital Records portal.
   • This is usually the fastest option. You will need to prove your identity and your relationship to the child.
2. In Person at a Local Office
   • Many county clerk and city registrar offices can issue certified copies for births in Texas.
   • In some locations, you can get the certificate the same day you apply.
   • The fee is usually around $23 per copy.
3. By Mail
   • You can submit a request by mail using a DSHS form.
   • Standard processing may take 6–8 weeks, while expedited requests can take about 3–4 weeks.

Who Can Order a Certificate?
Only certain people are allowed to order a certified copy:

• The person named on the birth certificate, if an adult.
• A parent or immediate family member.
• A legal guardian or legal representative (such as an attorney with proper authorization).

If the Child Was Born Outside TexasYou will need to request a certified copy from the state or country where the child was born. Each state has its own process, and the CDC Vital Records directory lists where to apply.

What Happens if You Don’t Have It When You File?
The new law allows a judge to ask another party to provide the birth certificate during the case. However, waiting can cause delays. The best practice is to get the certified copy in hand before filing so your case is not slowed down.

Takeaway for ParentsIf you are planning to file a custody, visitation, or child support case in Texas, be aware that starting September 1, 2025, you will need a certified copy of your child’s birth certificate.
Our firm can help guide you through:

• Obtaining the birth certificate if you don’t already have one,
• Making sure it is filed properly under seal, and
• Protecting your family’s privacy throughout the process.

At The Palmer Law Firm, we stay ahead of changes like HB 1973 so our clients don’t have to worry about surprises. If you are considering filing a case involving your child, call us at 832-819-3529 or visit us at 550 N. Egret Bay Blvd, League City, TX to schedule a consultation.