True copy apostille with a list of eligible documents

In cross-border legal and administrative processes, documents often require official authentication to be accepted by foreign authorities. One such method is the apostille of a notarized copy, commonly referred to as a “True Copy Apostille.” This process is based on copy certification by custodian, notarization of that certification, and the subsequent apostille attached to the notarial act—not the original document itself.

1. What is a “True Copy”?

A true copy is a photocopy of an original document, accompanied by a signed statement from the document custodian (the person who holds the original) declaring that the copy is true and complete.

Importantly, notaries in the United States cannot always directly certify copies of all documents. Instead, most states—including Illinois—permit a method known as “Copy Certification by Document Custodian.”

2. Copy Certification by Document Custodian

This method allows a notary public to notarize a signed statement in which the document holder (the custodian) attests that a copy of a document is a complete and accurate reproduction of the original.

The Procedure:

1. The custodian writes or completes a statement affirming the authenticity of the copy.
2. The notary performs a jurat or acknowledgment on that statement.
3. The notary does not certify the copy itself, but rather notarizes the custodian’s sworn statement.

Example of the Custodian’s Statement:

“I, John Doe, hereby declare under penalty of perjury that the attached document is a true, exact, and unaltered copy of [description of original], which is in my possession.”

This statement is then notarized, either with a jurat (for sworn statements) or acknowledgment (for unsworn declarations).

3. Apostille of the notarized copy certification

Once the notarial act is completed, the document (consisting of the custodian’s statement and notarial certificate) becomes eligible for an apostille, provided that:

• The notary public’s commission is active and traceable
• The state where the notarization took place is a competent authority under the Hague Apostille Convention
• The receiving country is a Hague Convention member and accepts apostilled true copies

In this case, the apostille is issued not for the original document, but for the notarial certificate that accompanies the copy certification by custodian.

4. Legal Framework

Hague Apostille Convention (1961)
The Apostille Convention, to which the United States is a signatory, establishes the framework for recognizing public documents across international borders, including notarized statements. The apostille confirms:

• The identity and authority of the notary public
• The authenticity of the notary’s seal and signature

It does not validate the content of the underlying document, nor does it confirm the truthfulness of the custodian’s statement.

State Notary Laws
U.S. notary laws vary by state, and each state defines whether and how a notary may handle copy certifications.
For example:

• Illinois Notary Public Act (5 ILCS 312/6-102) permits notarizing sworn statements, but does not authorize direct certification of copies of vital records or publicly recorded documents.
• Certified copies of vital records (e.g., birth, death, marriage certificates) must be issued by the official custodian—typically a county clerk or state registrar.

5. When is a True Copy Apostille appropriate?
This method is commonly used when:

• The original document is not eligible for direct apostille (e.g., passports, diplomas, utility bills)
• The original is too valuable or sensitive to be mailed
• The recipient country accepts apostilled notarized copies or declarations of authenticity

Document Structure Submitted for Apostille
The typical document package that is submitted for apostille includes:

1. Photocopy of the original document
2. Sworn statement by the document custodian
3. Notarial certificate (jurat or acknowledgment)

Only after notarization is complete can this packet be submitted to the Secretary of State or competent authority for the apostille.

The True Copy Apostille process is a legally recognized and widely used method of authenticating documents when originals cannot be apostilled or submitted abroad. However, its use depends on compliance with state notary laws, Hague Convention procedures, and the acceptance criteria of the destination country.

Understanding the distinction between certifying a document versus certifying a statement about a document is crucial. This method relies entirely on the integrity of the notarial act and the truthfulness of the custodian’s declaration.