What Is an Apostille?

The Hague Apostille Convention

The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, commonly known as the Apostille Convention, was adopted in 1961. This international treaty simplified the process of authenticating documents for use in foreign countries.

Before the convention, documents required multiple levels of authentication, including certification by embassies and consulates. The apostille replaced this complex chain of authentication with a single certificate, making international document exchange much more efficient.

Today, over 120 countries participate in the Hague Convention, including the United States, United Kingdom, Canada, Australia, and most European and Latin American nations.

Certificates of Authentication

For countries that are not members of the Hague Convention, a different process called authentication or legalization is required. This involves obtaining a Certificate of Authentication from the U.S. Department of State, followed by legalization from the embassy or consulate of the destination country.

This traditional authentication process is more time-consuming and expensive than obtaining an apostille. It typically requires multiple steps and can take several weeks to complete. Countries requiring this process include China, Vietnam, United Arab Emirates, and several others.

Who Issues Apostilles in the United States?

In the United States, apostilles are issued by designated competent authorities, which vary depending on the type of document:

• U.S. Department of State: Issues apostilles for federal documents, including FBI background checks, naturalization certificates, and other federally issued documents.
• Secretary of State (State Level): Each state has a Secretary of State office that issues apostilles for state-level documents such as birth certificates, marriage certificates, divorce decrees, court documents, and notarized documents.
• County Clerks: In some states, county clerks may also have authority to issue apostilles for certain local documents.

The issuing authority depends on where the document originated. For example, a birth certificate from California would require an apostille from the California Secretary of State, while an FBI background check would need an apostille from the U.S. Department of State.

When Do You Need an Apostille?

You may need an apostille in various situations where you need to use U.S. documents in a foreign country. Common scenarios include:

• International Adoption: Birth certificates, marriage certificates, and background checks
• Employment Abroad: Diplomas, transcripts, professional licenses, and background checks
• Education: Academic transcripts and diplomas for studying abroad
• Business Transactions: Corporate documents, powers of attorney, and contracts
• Immigration: Birth certificates, marriage certificates, and police clearances
• Property Transactions: Deeds, powers of attorney, and other real estate documents
• Legal Matters: Court documents, affidavits, and notarized statements

Always check with the requesting authority in the foreign country to confirm whether an apostille is required and which specific documents need to be apostilled.