In an increasingly globalized world, individuals and businesses often need to use official U.S. documents in other countries. Whether for legal, educational, business, or personal matters, many countries require documents originating from the United States to be formally authenticated before they are accepted abroad. One of the most common methods of international document authentication is through an apostille.
This guide provides a detailed explanation of what an apostille is, why it is necessary, how it works, and what individuals should consider when preparing documents for international use.
1. What Is an Apostille?
An apostille is a certificate that verifies the authenticity of a public document issued in one country for use in another country, under the terms of the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (commonly called the Hague Apostille Convention).
The apostille certifies:
The identity of the public official who signed the document (e.g., a notary public, registrar, judge, or government officer)
The capacity in which that person acted
The authenticity of any seal or stamp on the document
It does not certify the content of the document itself. The apostille is issued as a separate page attached to the original document, typically including a seal, signature, and serial number.
2. When Is an Apostille Required?
An apostille is required when a public document from one country is intended to be used in another country that is a member of the Hague Apostille Convention.
Common scenarios where an apostille may be needed include:
Marriage abroad (apostille of birth certificates or single status affidavits)
Dual citizenship or residency applications
International adoptions
Foreign academic admissions (apostille of diplomas or transcripts)
Business formation or legal proceedings in another country
Power of attorney or notarized affidavits submitted to foreign authorities
Inheritance or estate matters involving cross-border elements
3. Which Countries Accept Apostilles?
As of 2025, more than 130 countries are parties to the Hague Apostille Convention. These countries agree to recognize apostilled documents from other member states without requiring further legalization by a consulate or embassy.
If a country is not a party to the Hague Convention, a different process known as consular or embassy legalization must be followed. This usually involves multiple layers of authentication through federal and consular authorities.
A full, updated list of Hague member countries is available on the website of the Hague Conference on Private International Law (HCCH).
4. Types of Documents Eligible for an Apostille
In the United States, documents that may be apostilled fall into two categories:
A. Public Documents Issued by Government Agencies
Birth, marriage, and death certificates issued by a county or state office
Divorce decrees issued by a court
Criminal background checks (e.g., state police reports or FBI records)
Court orders or judgments
Naturalization or immigration documents (if eligible and not federal property)
B. Notarized Documents
Affidavits
Power of attorney forms
Corporate records and agreements
Translations with notary certification
Letters of consent, declarations, and sworn statements
All notarized documents must be properly executed under the laws of the state in which the notary is commissioned.
5. How Apostilles Are Issued in Illinois
In Illinois, the Office of the Secretary of State Index Department is the authority responsible for issuing apostilles. The process generally involves the following steps:
Step 1: Document Preparation
For government-issued documents (like a birth certificate), an original or certified copy from the appropriate issuing agency is required.
For notarized documents, the notarization must be completed correctly under Illinois notary law, with all required elements such as the notarial certificate, seal, and signature.
Step 2: Submission
The documents are submitted to the Secretary of State along with an apostille request form and applicable fee.
The Index Department verifies the legitimacy of the official’s signature and commission.
Step 3: Issuance of Apostille
If the documentation is in order, the apostille is attached and the certified package is returned to the applicant.
The turnaround time depends on the processing method selected (e.g., standard, expedited, or walk-in service, when available).
6. Important Considerations
A. Originals vs. Copies
Only original documents or certified copies can be apostilled. Photocopies or scans are not accepted unless properly notarized and certified.
B. Consistency and Accuracy
Names, dates, and details must be consistent across documents. Misspellings or mismatches may result in rejection or delays.
C. Translations
Apostilles are placed on original documents only. If a translation is required, it should be accompanied by a notarized translator’s affidavit or certificate.
Some foreign authorities may require both the original document and the translation to be apostilled separately.
D. Validity and Expiration
An apostille does not "expire," but the receiving country may require that the underlying document be issued within a recent time frame (e.g., within 6 months).
7. Limitations of Apostilles It is important to understand what an apostille does not do:
It does not validate or verify the truth or content of a document.
It does not serve as a translation or make a document legally binding in another country by itself.
It is not a substitute for legalization when the destination country is not part of the Hague Convention.
The apostille is a critical tool for international document recognition. It simplifies the process of legalizing documents between countries that are members of the Hague Apostille Convention and helps avoid time-consuming consular authentication procedures. However, it requires careful attention to detail, document accuracy, and proper procedural compliance.
For more information or to check the requirements in your state, consult the official resources provided by the Illinois Secretary of State or visit the Hague Apostille Section of the HCCH website.