Get Your Documents Legalized: State Law Apostille

how can i apostille a state law

An Apostille certificate is a way of certifying that a document is genuine and can be legally recognized in another country. If you are using a document issued by the U.S. federal government in a country that is part of the 1961 Hague Convention Treaty, you will need an Apostille certificate. Documents such as vital records issued by a U.S. state will need an Apostille from that state's secretary of state. Federal documents require an Apostille from the U.S. Department of State. The process for obtaining an Apostille varies depending on the state, and there may be fees associated with the request.

Characteristics Values
Who can request an Apostille? Any individual can request an Apostille on behalf of themselves or anyone else.
Is there a fee? Yes, there is a fee of $20.00 for each Apostille requested, plus an additional $6.00 special handling fee for each different public official's signature to be authenticated.
What is an Apostille? An Apostille is a certificate that can be attached to public records to validate their origin.
When do you need an Apostille? You need an Apostille when using documents in countries that are part of the 1961 Hague Convention Treaty.
Who issues an Apostille? A state's secretary of state issues an Apostille for documents issued by that state.

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Who can request an apostille?

An individual can request an apostille on their own behalf or on behalf of someone else. The requester does not need to be related to the person(s) named in the document. For example, a person can take their neighbour's document to the Secretary of State's office and submit the request on their behalf.

The country in which the document will be used determines whether an apostille or authentication certificate is required. If the country where the document is to be used is on the 1961 Hague Convention Treaty member list, an apostille is necessary. If the country is not on the list, an authentication certificate is required.

Documents such as vital records issued by a US state will need an apostille from that state's secretary of state. Federal documents require an apostille from the US Department of State.

In California, the Secretary of State issues an apostille for documents to be used outside the United States, regardless of the country of destination. The California Secretary of State can issue an apostille for the signatures of officials on birth and death certificates. The document can be in any language, but if notarization is in English, the California Secretary of State can issue an apostille.

In New York, the Department of State only authenticates public documents issued in New York State and signed by a New York State official or county clerk.

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How to request an apostille by mail

To request an apostille by mail, you will need to submit a few documents and ensure that you meet all the requirements. Here is a step-by-step guide on how to do this:

Prepare the necessary documents:

You will need to gather the following documents to include with your request:

  • The document that requires an apostille: This document must be signed by a public official or be an original notarized and/or certified document. Photocopies are not acceptable. Ensure that the document is intended for use outside of the United States, as apostilles are only issued for international use.
  • Cover sheet: Include a cover sheet that states the country in which the document will be used. You can use the provided Apostille Mail Request Cover Sheet or create your own.
  • Payment: The fee for each apostille requested is typically $20. Payment can be made via check or money order, payable to the Secretary of State. Some states, like California, also accept credit cards (Visa or Mastercard). If you are requesting an apostille for an international adoption, the fee is usually $10 per document, with total fees not exceeding $100 for the adoption of each child.
  • Self-addressed envelope: Provide a self-addressed envelope with prepaid postage for the return of your processed document. If you do not include prepaid postage, your document will be returned via regular mail.

Mail your request:

Send your request package to the appropriate mailing address. The address may vary depending on your state and the specific office handling apostilles. For example, the mailing address for the California Secretary of State is:

Notary Public Section

P.O. Box 942877

Sacramento, CA 94277–0001

You can also use an expedited delivery service such as FedEx, UPS, or DHL to ensure faster delivery and return of your documents. However, this does not expedite the processing time once your documents are received by the office.

Wait for processing:

The processing time for mailed requests can vary. In Texas, for example, mailed authentication requests can take up to 25 business days from the day of receipt. The current processing time may exceed this timeframe due to high demand.

Follow up if needed:

If you have specific questions or concerns about your request, you can contact the relevant office. Each state's Secretary of State website typically provides contact information and resources to help guide you through the process.

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What is an authentication certificate?

An authentication certificate is a way of certifying that a US document is genuine and can be legally recognised in another country. Authentication certificates verify the signatures, stamps, or seals on important documents, including court orders, contracts, vital records, and educational diplomas.

Authentication certificates are required when a document is to be used in a country that is not a signatory to the 1961 Hague Convention. If the country is a signatory, an Apostille is required instead. An Apostille is a certificate that verifies the origin of a public record. The California Secretary of State, for example, issues a single Apostille for documents to be used outside of the United States, regardless of the country of destination.

Authentication certificates are also used in certificate-based authentication (CBA), which is a phishing-resistant cryptographic technique that enables computers to securely identify each other across a network. CBA uses digital certificates derived from cryptography to identify a user, device, or machine before granting access to an application, network, or other resources. Digital certificates contain a digital signature derived from the private key of the certificate authority (CA) and verified with their public key. Each public key comes paired with a unique private key. The private key is kept secret and never leaves the user's possession.

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When do you need an authentication certificate?

An authentication certificate is required when a document is to be used in a country that is not a signatory to the 1961 Hague Convention. This certificate verifies signatures, stamps, or seals on important documents, including court orders, contracts, vital records, educational diplomas, and more.

In the United States, authentication certificates are issued by the relevant state authorities for state documents, such as birth and death certificates, and by the U.S. Department of State for federal documents. For example, in California, the Secretary of State can issue an Apostille for birth and death certificates bearing the signatures of specific officials, such as a Health Officer or County Registrar.

If the country where the documents will be used is not a party to the Apostille Convention, the universal Apostille may need to be validated by the Office of Authentications with the U.S. State Department. This typically costs $15 per universal Apostille, except for adoption proceedings, where the fee is $10 per Apostille with a maximum total of $100 for the adoption of each child.

In Texas, a universal Apostille can be requested for documents such as certified copies of business organization documents or certificates of fact issued by the Secretary of State.

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How much does an apostille cost?

The cost of an apostille can vary depending on the type of document, the number of documents, the state, and whether rush processing is required. Here is a breakdown of the costs:

Cost by State

In Texas, the cost of a universal apostille is $15 per document. However, if the apostille is for adoption proceedings, the fee is reduced to $10 per document, with a maximum total cost of $100 per child.

New York, Hawaii, Puerto Rico, and Guam tend to have different or higher prices for apostilles.

Cost by Document Type

For birth, marriage, and death certificates, the cost of an apostille can vary. For example, if you have two birth certificates and two marriage certificates issued in the same state, the total cost is $660. However, if these documents are issued in different states, the cost increases to $680.

If you require an apostille for a criminal background check, you must first obtain a copy that includes the signature of a representative from the Division of Criminal Justice Services (DCJS). This background check must be mailed to you, after which you can submit it for an apostille along with the request form and payment.

Additional Costs

Rush processing services for personal apostilles typically incur an additional charge of $180 per state.

If you are submitting documents for an international adoption, there may be additional fees, such as a 2.7% convenience fee for credit or debit card payments.

Payment Methods

Payment methods for apostille services vary and may include cash, checks, credit/debit cards, money orders, PayPal, or funding an SOS Client Account.

It is important to note that some offices have specific requirements for payment methods, such as accepting only checks drawn on a U.S. bank or requiring exact cash amounts.

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Frequently asked questions

An apostille is a certificate that validates the origin of a public record that you want to use in another country.

You will need to contact the relevant state's secretary of state. For example, the California Secretary of State issues a single Apostille for documents to be used outside the United States.

You will need to contact the U.S. Department of State.

The fee varies depending on the state. For example, in California, there is a $20.00 fee for each apostille requested, plus an additional $6.00 special handling fee for each different public official's signature to be authenticated. In Texas, the fee is $15.00 per universal apostille, unless it is for use in adoption proceedings, in which case the fee is $10.00.

If the country where you want to use your document is on the 1961 Hague Convention Treaty member list, you will need an apostille. If the country is not on the list, you will need an authentication certificate.

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