Understanding Common Uses for Apostilles and Certifications

If you have a document that needs to be recognized in another country, you may need an apostille or certification. These are forms of authentication issued by the California Secretary of State that verify the notary’s seal and signature on a document. Here are the most common situations where one is required.

Common Documents That Need Apostilles

Business Documents

Companies doing business internationally often need to prove that their corporate documents are legitimate. Foreign governments, banks, and business partners want to see authenticated paperwork before opening accounts, signing contracts, or allowing a branch to operate. The most commonly apostilled business documents include:

• Articles of Incorporation: Proves the legal existence of a corporation. Required for opening foreign bank accounts and setting up overseas operations.
• Certificates of Good Standing: Confirms the company is registered and current with state filing requirements. Often requested by foreign regulators.
• Corporate Bylaws: Shows how the company is governed. May be required for international legal compliance or foreign partnership agreements.
• Powers of Attorney: When someone is authorized to act on behalf of a company in another country, the power of attorney document usually needs an apostille.

Adoption Paperwork

International adoptions involve paperwork that must satisfy the legal requirements of both the United States and the child’s home country. Apostilles are commonly required for:

• Home study reports: Evaluations by social workers confirming the prospective parents can provide a safe home.
• Letters of reference: Personal recommendations from friends, family, or professionals.
• Birth certificates: Identity and birth details of both the child and the adoptive parents.
• Marriage certificates: Confirms the marital status of the adoptive parents, which some countries require.
• FBI background checks: Criminal history clearances are standard in most international adoption processes.

Education Documents

Students studying abroad and professionals working overseas need to prove their credentials are real. Foreign universities, licensing boards, and employers want authenticated copies of:

• Diplomas and degrees: Proof of graduation and academic credentials.
• Transcripts: Official record of courses and grades.
• Teaching certificates: Required for educators working in international schools.
• Professional licenses: Nurses, engineers, and other licensed professionals may need authenticated credentials to practice abroad.

Personal Documents

Individuals dealing with foreign governments for personal matters often need apostilles on:

• Birth certificates: For dual citizenship applications, marriage abroad, or registering a child born to foreign parents.
• Marriage certificates: Required when getting married in another country or registering a US marriage abroad.
• Death certificates: May be needed for estate or inheritance matters involving foreign property.
• Divorce decrees: Required when remarrying in another country.
• Background checks: FBI and state-level criminal background checks for employment, residency, or visa applications.

Less Common Situations

Intellectual Property

Patents and trademarks filed in the US may need apostilles when asserting ownership in a foreign jurisdiction. This comes up in international licensing agreements, infringement disputes, and filings with foreign patent offices.

Dual Citizenship Applications

Applying for citizenship in another country often requires authenticating personal documents like birth certificates, marriage certificates, and naturalization papers. Each country has its own list of required documents, so check with the relevant embassy or consulate.

International Legal Proceedings

Court documents, affidavits, and depositions used in legal proceedings in another country may need apostilles. This is common in international child custody cases, cross-border estate matters, and business disputes.

How the Apostille Process Works in California

Before you can get an apostille, the document must first be notarized by a California notary public (if it is a private document). Then you submit it to the California Secretary of State, who verifies the notary’s commission and attaches the apostille certificate.

The fee is $20 per apostille. Processing times vary. Same-day service is available in person at the Sacramento or Los Angeles offices. Mail requests typically take 2 to 3 weeks.

Notarized documents going to countries that are members of the Hague Convention receive an apostille. Documents going to non-member countries receive a certification, which may need additional authentication through the US Department of State and the destination country’s embassy.

For more details, see our post on document authentication and apostilles.

Frequently Asked Questions

Can a notary issue an apostille?

No. Only the California Secretary of State can issue apostilles. A notary’s role is to notarize the document first. After that, you submit it to the SOS.

What is the difference between an apostille and a certification?

An apostille is used for countries in the Hague Convention. A certification is used for non-member countries and requires additional steps through the US Department of State and the foreign embassy.

How much does an apostille cost in California?

The California Secretary of State charges $20 per apostille. You may also have costs for notarization ($15 per signature) and mailing or courier fees.

How long does it take to get an apostille?

In person at the Sacramento or Los Angeles SOS office, same-day service is often available. By mail, expect 2 to 3 weeks. Some third-party services offer expedited processing for an additional fee.

Do I need to notarize a document before getting an apostille?

Private documents (powers of attorney, contracts, affidavits) must be notarized first. Official documents issued by the state (birth certificates, marriage certificates) go directly to the SOS without notarization.