Requirements for an apostille in the United States in 2026
An apostille is a form of authentication recognized by countries that have signed the 1961 Hague Apostille Convention. It certifies that a public document — such as a birth certificate, marriage certificate, diploma or notarized deed — is genuine and was issued by a legitimate authority, so that it will be accepted in another member country without further legalization.
In the United States, apostilles are issued at the state level, not by a single federal agency. Each state’s designated competent authority — usually the Secretary of State’s office — issues apostilles for documents originating in that state. The U.S. Department of State issues apostilles only for federal documents. Because the process varies by state, this guide covers the general framework that applies across the country, with notes on where state-specific rules apply.
What this procedure is and what it is for
An apostille is a standardized certificate attached to or stamped on a public document. It authenticates the signature, seal or stamp of the official who issued the underlying document. It does not certify the content of the document itself.
Who needs an apostille
You need an apostille when you intend to use a U.S.-issued document in a foreign country that is a member of the Hague Apostille Convention. Common situations include:
- Submitting a U.S. birth certificate to obtain foreign citizenship or residency
- Using a U.S. marriage or divorce certificate in a foreign court or civil registry
- Presenting a U.S. academic diploma or transcript to a foreign university or employer
- Legalizing a notarized power of attorney for use abroad
- Adopting a child internationally
Official bodies responsible
- State-level documents (birth certificates, marriage certificates, court records, notarized documents, state-issued diplomas): the Secretary of State of the state where the document was issued. Some states use the Lieutenant Governor’s office or the Department of State instead — check your specific state.
- Federal documents (FBI background checks, documents from federal courts, documents signed by federal officials): the U.S. Department of State, Office of Authentications, in Washington, D.C.
If the destination country is not a member of the Hague Convention, you will need full legalization (authentication + embassy/consulate certification) rather than an apostille. Verify the destination country’s membership before you begin.
Documents required
The exact documents depend on what you are authenticating and which state you are dealing with, but the following are required in virtually every case.
The document to be apostilled
- The original document or a certified copy issued by the competent authority (e.g., a certified copy of a birth certificate issued by the state vital records office — a photocopy is not accepted)
- If the document is a notarized private document (e.g., a power of attorney), it must first be notarized by a commissioned notary public in the state where you are applying
- If the document was issued by a county or local office, it may need to be certified at the county level before being sent to the Secretary of State
Supporting documents for your application
- Completed application form from the relevant Secretary of State’s office (form name and number vary by state; download it from the official state website)
- A cover letter or request letter specifying the destination country and the purpose of the apostille (required by many states)
- A copy of your government-issued photo ID (required by some states to verify the requester’s identity)
- Payment for the applicable fee (check, money order, credit card or online payment depending on the state)
- A self-addressed prepaid return envelope if submitting by mail (required by most states for mail-in requests)
For federal document apostilles (U.S. Department of State)
- The original federal document or a certified copy
- Completed DS-4194 form (Request for Apostille/Authentication) available on the State Department website
- Payment of the applicable fee
- A prepaid return envelope for mail submissions
Notes on translations
The apostille itself does not translate your document. If the destination country requires a translation, you must arrange a certified translation separately, after obtaining the apostille. The apostille is placed on the original-language document.
Steps to complete the procedure
Follow these steps in order. Skipping a step — especially notarization or county certification — is the most common reason applications are rejected.
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Confirm the destination country is a Hague Convention member. Check the current list on the Hague Conference on Private International Law website (hcch.net) or through the U.S. Department of State’s Office of Authentications.
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Identify the correct issuing authority for your document. Determine which state issued the document and locate that state’s Secretary of State (or equivalent) website. For federal documents, go to travel.state.gov.
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Obtain a certified or original copy of the document. If you need a birth or marriage certificate, order a certified copy from the state vital records office. A photocopy or uncertified printout will be rejected.
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Have the document notarized if required. Private documents (contracts, affidavits, powers of attorney) must be notarized by a commissioned notary public in the same state where you will apply for the apostille, before submission.
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Check whether county-level certification is needed. Some states require that a notarized document first be certified by the county clerk before going to the Secretary of State. Check your state’s specific instructions.
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Complete the application form and prepare payment. Download and fill out the state’s apostille request form. Prepare payment in the accepted format (varies by state).
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Submit your application. You can typically submit:
- In person at the Secretary of State’s office (walk-in or by appointment — check the state website)
- By mail to the Secretary of State’s apostille division
- Online or through an authorized third-party expediter (available in some states)
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Receive the apostilled document. The apostille is attached to or stamped on your document and returned to you by mail or in person.
Estimated processing time
Processing time varies significantly by state and submission method:
- In-person same-day service: available in some states (e.g., California, Texas, New York)
- Standard mail processing: typically 5–15 business days
- U.S. Department of State (federal documents): approximately 6–8 weeks by mail; same-day or next-day service available for in-person appointments in Washington, D.C.
Fees and timelines
- State apostille fees typically range from $5 to $20 per document, depending on the state. Some states charge a flat fee; others charge per document or per seal.
- U.S. Department of State fee: $20 per apostille for federal documents (as of 2026; verify at travel.state.gov before submitting).
- Notarization fee (if required): notary publics in the U.S. typically charge $5 to $15 per signature, though fees vary by state.
- Certified copy fee: varies by state vital records office; typically $10 to $30 per certified copy of a birth or marriage certificate.
- Expedited processing: some states and the Department of State offer expedited or in-person same-day service for an additional fee.
- Estimated total processing time: 1 business day (in-person, select states) to 8 weeks (federal documents by mail).
- Validity of the apostille: an apostille itself does not expire, but the underlying document may have an expiration date or the destination country may require a document issued within a certain period (e.g., within 6 months). Always check the destination country’s requirements.
Common mistakes and how to avoid them
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Submitting a photocopy instead of a certified copy. Only original documents or certified copies issued by the competent authority are accepted. A photocopy — even a notarized photocopy — is rejected by most states. Always order a certified copy directly from the issuing agency.
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Skipping county-level certification before going to the Secretary of State. Several states require that a notarized document be certified by the county clerk first. Sending it directly to the Secretary of State without this step causes automatic rejection. Read your state’s specific instructions carefully.
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Applying to the wrong state. The apostille must be issued by the state (or federal authority) that originally issued the document. For example, a birth certificate from Ohio must be apostilled by the Ohio Secretary of State, not by the state where you currently live.
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Confusing an apostille with a translation or notarization. An apostille authenticates the official signature or seal on a document; it does not translate it or certify its content. If the destination country requires a translated and apostilled document, you need both — and the apostille goes on the original-language document first.
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Not verifying whether the destination country accepts apostilles. If the country is not a Hague Convention member, an apostille has no legal effect there. You will need full legalization through the country’s embassy or consulate instead.
Frequently asked questions
Can I get an apostille for a document issued in another state if I live in a different state? No. You must apply to the Secretary of State (or equivalent authority) of the state that originally issued the document, regardless of where you currently live. You can submit by mail to that state’s office.
How long does it take to get an apostille from the U.S. Department of State? By mail, the U.S. Department of State’s Office of Authentications typically takes 6–8 weeks. If you need faster service, you can schedule an in-person appointment at the office in Washington, D.C., where same-day or next-day processing is available. Check travel.state.gov for current appointment availability.
Do I need an apostille if I am using my document in Canada or the United Kingdom? Canada is not a member of the Hague Apostille Convention, so an apostille is not valid there — you will need to follow the authentication and legalization process specific to Canada. The United Kingdom is a Hague Convention member, so a U.S. apostille is accepted for documents used in the UK. Always verify with the receiving institution in the destination country.
Can a notary public issue an apostille? No. A notary public can notarize a document (authenticate a signature), but only the designated competent authority — the Secretary of State or the U.S. Department of State — can issue an apostille. Notarization is often a required step before the apostille is issued, but it is not the same thing.
Is an apostille the same as a certified copy? No. A certified copy is an official duplicate of a document issued by the originating agency (e.g., a vital records office). An apostille is a separate certificate attached to that document to authenticate it for international use. You typically need a certified copy first, and then apply for the apostille.
What to do next
To move forward, gather the certified original of the document you need apostilled, confirm which state issued it, and visit that state’s Secretary of State website to download the current application form and fee schedule. For federal documents, go to travel.state.gov.
The most important documents in almost every case are: the certified original or certified copy of the document, the completed state or federal application form, and payment in the accepted format.
Requirements, fees and processing times can change. Always verify the current instructions directly with the relevant Secretary of State’s office or the U.S. Department of State’s Office of Authentications before submitting your application. Do not rely solely on third-party websites or this guide for final submission requirements.
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