In this article
The Hague Apostille Convention of 1961, formally the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, is a multilateral treaty that simplifies the process of authenticating public documents for use across borders. The United States acceded to the Convention in 1980, and it entered into force for the United States on October 15, 1981.
What an apostille is
An apostille is a standardized certificate attached to a public document that attests to the authenticity of the signature on the document, the capacity in which the signer acted and, where appropriate, the seal or stamp the document bears. It does not verify the content of the document itself. Between countries for which the Convention is in force, the apostille replaces legalization: no further authentication of the signature, capacity or seal can be required. The Convention is not in force between every pair of parties, because some parties have objected to particular countries joining.
Who issues apostilles in the United States
Authority is split between state and federal:
- State-issued public documents (birth certificates, marriage certificates, court records, notarized documents) are apostilled by the designated office (usually the Secretary of State) of the state where the document was issued or notarized.
- Federal agency documents (FBI background checks, IRS documents) are apostilled by the U.S. Department of State Office of Authentications in Washington, D.C. Federal court documents are apostilled by the clerk of the federal court that issued them.
How an apostille works for a translated document
One common workflow when a translated U.S. document needs to be submitted to a foreign government in a Hague Convention country:
- If the receiving authority requires it, the original public document (for example, a certified birth certificate) is first apostilled by the state that issued it, and the apostille is translated along with the document.
- The U.S. document (for example, a birth certificate) is translated into the destination language by a professional translator who provides a signed Certificate of Accuracy.
- A notary public notarizes the translator's signature on the Certificate of Accuracy.
- The state's apostille office (usually the Secretary of State) issues an apostille on the notarized translation. The apostille certifies the notary's signature, capacity and seal, not the accuracy of the translation.
- The package is sent to the foreign authority. It cannot require further authentication of the notary's signature, but it still applies its own rules on which documents and translations it accepts.
For non-Hague Convention countries
Countries that are not party to the Convention require consular legalization instead of an apostille. The chain is longer: a state document is notarized if needed, authenticated by the state, then authenticated by the U.S. Department of State, and finally legalized by the consulate or embassy of the destination country. A federal agency document skips the state step. Consular legalization can take weeks and involves fees at each step.
Practical advice
Before commissioning a translation for international use, confirm with the receiving foreign authority exactly what they require: certified translation, certified plus notarized, apostilled, or consular-legalized. Whether the Apostille Convention is in force between the United States and the destination country is the first thing to determine. AMS handles certified translation and can coordinate the notarization step; the apostille step is then completed at the relevant state's apostille office (usually the Secretary of State).