Requirements for Apostille
To obtain an apostille, your document must meet three key requirements:
- It must be a certified vital record (e.g., a birth, death, or marriage certificate issued by the appropriate government agency) – learn more.
- If it’s not a vital record, it must be a properly notarized document, signed by a commissioned notary public – more on notarization.
- The destination country must be a member of the Hague Apostille Convention – see full list of member countries.
These steps ensure your document can be legally recognized abroad without additional embassy legalization.
Certified Vital Records
Birth, Marriage, Death vital records must be certified copies from the County Clerk Recorder Office. For Courthouse Documents, the Deputy Clerk must sign and stamp the back of your court document.
Notarized Documents
Agreements, Contracts, Bylaws, Driver Licenses, Passports, Power of Attorneys, etc. must be properly notarized following California State Notary Laws.
Out of State Vital Records
Out-of-State vital record like a Birth, Death, Marriage certificate must be certified by a California Notary Public.
Hague Convention Countries
Only Countries within the Hague Convention will accept and recognize Apostilled documents.
An apostille certifies the document(s)
Apostilles authenticate the seals and signatures of officials on public documents such as birth certificates, court orders, or any other document issued by a federal agency or certified by a U.S. or foreign consul. An apostille certifies the document(s), so the document can be recognized in foreign countries that are members of the 1961 Hague Convention Treaty. We only issue apostilles for federal documents to use in countries that are members of the 1961 Hague Convention.
Before submitting documents to us, you must:
1) Notarize each document in front of a notary public:
- Using a notary commissioned by the county? Certify your document at the clerk of court then the secretary of state.
- Using a notary commissioned by the state? Certify your document at the secretary of state.
If you do not have the correct notarization(s) before you submit your documents, we will not be able to process your request.
2) All seals and signatures must be originals
- We cannot accept copies unless they are “true certified copies” from a notary public. Birth, marriage, and death certificates, divorce decrees, court documents, and federally-issued documents cannot be certified by a notary public as “true copies.” These documents must be certified by the secretary of state.
3 Main Apostille Rules
1. Vital Records/Court Documents
Birth Certificates, Marriage Certificates, Death Certificates, Divorce Judgments, Name Change Petitions, etc.
Vital Records and Court Documents must be certified by the County Clerk Office or Courthouse they are issued from
2. Copy Certifications
Diplomas, Passports, Driver Licenses, Transcripts, Bank Statements, Power of Attorneys, Out-of-State Vital Records
Documents being copied and certified by a Notary Public must be properly notarized and must be a copy of the document that is being certified
3. Non-Vital Records/Notarized Documents
Letters, Contracts, Power of Attorneys, Bills of Sale, Applications, Agreeements, etc.
Non-Vital Records/Notarized Documents must be properly notarized by a State of California Notary Public
Vital Record Apostille
When submitting Vital Records for an apostille—such as Marriage Certificates, Birth Certificates, or Death Certificates—it is essential that the document is a certified copy issued directly by the County Clerk or County Recorder’s Office. Only original certified copies are eligible for apostille processing; photocopies, scans, or uncertified documents will be rejected.
A legitimate certified copy will clearly display the phrase “Certified Copy of Vital Record” printed or embossed at the bottom or along the margin of the document. This certification is your official assurance that the document has been authenticated by the issuing authority and is recognized as legally valid.
Please note:
•The document must be issued within the United States (for U.S. apostille processing).
•The certification must be unaltered and legible, without marks, tears, or missing information.
•Certified copies issued by the California Department of Public Health or local County Recorders are acceptable if you are seeking an apostille in California – learn more from CDPH.
•If your document does not state “Certified Copy of Vital Record,” it is likely not acceptable for apostille purposes.
If you’re unsure whether your document qualifies, we recommend contacting our office or requesting a new certified copy directly from the appropriate county agency. This step is critical to ensure smooth and timely apostille processing.
Non-Vital Record Documents
Documents that are not classified as Vital Records—such as certifications, diplomas, professional licenses, passports, school transcripts, and out-of-state documents like a New York birth record—must be properly notarized by a commissioned Notary Public before they can be submitted for an apostille.
Unlike certified vital records (e.g., birth, death, or marriage certificates issued directly by a government agency), these types of documents require an additional layer of authentication to confirm their legitimacy. Notarization serves as that essential step, verifying the identity of the signer and the authenticity of the document for official use.
To be accepted for apostille processing, the document must be:
• Signed in front of a Notary Public
•Accompanied by a notarial certificate, such as a jurat or acknowledgment
• Free of alterations or damage
•Issued in the same state in which the apostille is being requested (or accompanied by a notarized affidavit explaining its origin, if out-of-state)
This notarization ensures that the Secretary of State (or appropriate government agency) can authenticate the document and apply the apostille in compliance with the Hague Apostille Convention requirements. If you’re sending the document overseas, also ensure that the destination country is a member of the Apostille Convention – see the full list here.
If you’re unsure whether your document qualifies for apostille or needs notarization first, our team can help guide you through the process to avoid delays or rejections.
Notary Acknowledgement/Jurat
When submitting a document for apostille certification, any document that requires notarization must include a valid notarial certificate—either an Acknowledgment or a Jurat—properly completed and signed by a commissioned notary public. These notarial acts serve as the official declaration that the signer appeared before the notary, was properly identified, and either acknowledged the document or swore to its truthfulness.
•An Acknowledgment confirms that the signer voluntarily signed the document and was identified by the notary – commonly used for contracts, powers of attorney, and property-related documents.
•A Jurat, on the other hand, requires the signer to swear or affirm that the contents of the document are true, and must be signed in the presence of the notary – typically used for affidavits, declarations, and sworn statements.
Without a properly executed notarial certificate, your document will be rejected for apostille by the Secretary of State or the U.S. Department of State. It’s essential that the notary stamp, signature, and date are clear, and that the notarial wording meets the requirements of the state in which the notarization took place.
For more information on acceptable notarial certificates, you can visit:
•California Secretary of State – Notarial Acts
•National Notary Association – Understanding Jurats and Acknowledgments
To ensure your document is eligible for apostille, we strongly recommend working with a knowledgeable notary or apostille service that understands the formatting and legal requirements involved.
Frequently Asked Questions
Common questions you may have.
An apostille is required for public documents that will be used in a foreign country that is a member of the Hague Apostille Convention. Common documents include birth certificates, marriage certificates, death certificates, FBI background checks, school transcripts, diplomas, and powers of attorney. Only original certified copies or notarized documents are eligible for apostille. Learn more at the California Secretary of State Apostille page.
Yes—if your document is not a certified government-issued record (like a birth or death certificate), it must be properly notarized by a California notary public. Documents like affidavits, letters, or authorizations require a valid notarial certificate, such as an Acknowledgment or Jurat, in order to be apostilled.
No. The California Secretary of State only issues apostilles for original certified copies or notarized originals. Photocopies, scans, or emailed PDFs cannot be apostilled unless the copy is first notarized as a true copy (which is limited to specific document types). Learn more on the California Apostille Requirements.
A certified document is issued by a government agency (like a vital record from the county registrar or state health department). A notarized document is a document signed in front of a notary public, who verifies the signer’s identity. Both types can be apostilled, but they must meet different eligibility standards. See more at the CDC Vital Records Directory.
Yes. We handle both state-level apostilles (issued by the California Secretary of State) and federal apostilles (issued by the U.S. Department of State in Washington, D.C.). Federal apostilles are typically required for documents like FBI background checks, naturalization certificates, and federal court records. For federal requirements, visit the U.S. Department of State Apostille page.
To apostille a California birth or marriage certificate, you must provide a certified copy issued by the County Clerk or the California Department of Public Health (CDPH). It must be signed by an official whose signature is on file with the Secretary of State. For ordering certified copies, visit the CDPH Vital Records page.
Yes, but it depends on the document type. If the document is in another language and requires notarization, a qualified notary fluent in that language must perform the notarization. For vital records in other languages, certified translations may be required. We also offer translation services to ensure compliance.
Standard processing through the California Secretary of State can take 2–3 weeks by mail. However, Orange County Apostille offers expedited apostille service with faster turnaround times, often within 1–3 business days, depending on document type and location. Check current timelines at the California Apostille Authentication page.
Over 125 countries accept apostilles under the Hague Apostille Convention. Countries like Mexico, Spain, Italy, France, Japan, Brazil, and South Korea are members. For a full list, visit the HCCH official site.
If the destination country is not a party to the Hague Apostille Convention, your document will require consular legalization, which involves additional steps including notarization, certification by the Secretary of State, authentication by the U.S. Department of State, and legalization by the foreign consulate. For help with this process, contact Orange County Apostille.
No, apostilles do not expire, but the validity of the underlying document may affect acceptance. For example, some countries require that birth certificates or background checks be issued within the last 90 days. Always check with the requesting agency in the destination country for time-sensitive requirements. Learn more from the U.S. Department of State FAQ.
Yes. Orange County Apostille offers in-person appointments and mobile notary apostille service in Irvine, Anaheim, San Juan Capistrano, and surrounding areas. We are available 7 days a week by appointment. Book your visit at https://orangecountyapostille.org or call us to schedule a drop-off or house call.
What is an apostille?
An apostille is a certificate issued by a competent authority that authenticates the origin of a public document for use in countries that are members of the Hague Apostille Convention of 1961. It confirms the signature, the capacity of the person signing, and the seal or stamp on the document. This process ensures that the document will be accepted in another country without further authentication.
Which countries accept apostilles?
Only countries that are parties to the Hague Convention of 1961 accept apostilles. These include major destinations like Mexico, Italy, France, Spain, Japan, South Korea, Australia, and over 120 others. If your destination country is not a member, you will need consular legalization instead.
What kinds of documents can be apostilled?
You can apostille:
•Vital records (birth, marriage, death)
•Divorce decrees
•Power of attorney
•School transcripts
•FBI background checks
•Naturalization certificates
•Corporate documents
Each document type must be properly issued or notarized depending on the requirements of your state or federal office.
Who issues apostilles in the United States?
Apostilles are issued by:
•The Secretary of State for state-issued or notarized documents
•The U.S. Department of State for federal documents (e.g., FBI, USCIS)
Who issues apostilles in the United States?
Apostilles are issued by:
•The Secretary of State for state-issued or notarized documents
•The U.S. Department of State for federal documents (e.g., FBI, USCIS)
What’s the difference between an apostille and notarization?
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Do I need a translation before getting an apostille?
If the document is in a foreign language, the translation may need to be notarized and apostilled separately. For international submission, translations must usually be certified and accurate.
Can I apostille a marriage certificate?
Yes, but it must be a certified copy issued by the County Clerk or State Registrar. Photocopies or church-issued certificates are not acceptable.
Can I use an apostille more than once?
No. Apostilles are single-use documents intended for submission to a specific foreign country or agency.
Can someone else submit my document for an apostille?
Yes, you can authorize a third party, such as a friend, attorney, or professional apostille service provider like Orange County Apostille.
How do I know if I need a state or federal apostille?
If your document is issued by a state or notarized by a state-commissioned notary, it requires a state-level apostille. If it is a federal document, like an FBI background check or a certificate of naturalization, it must be authenticated by the U.S. Department of State.
Can I apostille a notarized document?
Yes, but it must have a valid notary acknowledgment or jurat. Incomplete or improperly notarized documents will be rejected. The notary must use the exact language required in their state.
Can I apostille a photocopy?
Only if it’s:
•A certified copy from the issuing authority (e.g., certified birth certificate)
•Or a copy notarized by a licensed notary public
Plain, unnotarized photocopies cannot be apostilled.
Can I get an apostille for a document issued in another state?
No. Each state’s Secretary of State only processes documents issued or notarized in that state. For example, a Texas birth certificate must go to the Texas Secretary of State.
What is the Hague Apostille Convention?
The Hague Apostille Convention of 1961 simplifies the process of legalizing documents for international use. It replaced the lengthy and costly consular legalization process with a single form of authentication called the “apostille.”
Do I need to send original documents?
Yes, apostilles require original notarized or certified documents. Copies are typically not acceptable unless notarized.
Can I apostille an FBI background check?
Yes. First request the FBI report, then send it to the U.S. Department of State for a federal apostille. Processing takes several weeks unless expedited.
Can I apostille a diploma or transcript?
Yes, but requirements vary by school and state. Typically:
•Get a certified copy from the registrar
•Notarize if required
•Submit for apostille
Can I apostille a document for use in a non-Hague country?
No. Countries not part of the Hague Convention require embassy or consulate legalization, not an apostille.
What happens if my apostille is rejected?
Rejections occur due to:
•Incorrect notarization
•Wrong document type
•Issued in the wrong jurisdiction
You’ll need to correct the issue and resubmit.
