Apostille & International Documents
Clear answers on apostilles, document authentication, and preparing paperwork for use abroad.
What Notaries Need to Know About Apostilles: Clearing Up Common Misunderstandings
A client recently called asking if I could “just put an apostille” on their marriage certificate before an overseas move. It’s one of the most common calls I get, and one of the most common misunderstandings in the profession.
As notaries, we’re often the first professionals people turn to when they need documents prepared for use overseas. And while we play an important role in the process, it’s equally important to understand, and communicate, what our role isn’t. These points aren’t just technicalities. They protect the signer, the notary, and the integrity of the apostille process.
Key Takeaways
- Only the Secretary of State (or the U.S. Department of State for federal documents) can issue an apostille. Notaries never issue, sign, or approve them.
- Not every document should be notarized before an apostille. Certified vital records like birth and marriage certificates typically must not be notarized.
- Every notarization tied to an apostille request must be flawless: the right certificate type, no blanks, and an accurate seal and signature.
- The Secretary of State reviews the notary’s commission, signature, seal, and certificate wording before attaching an apostille.
Notaries Do Not Issue Apostilles. Only the Secretary of State Does.
This is one of the biggest misconceptions the public has, and sometimes even new notaries misunderstand it. An apostille is not a notarization. It isn’t a certificate a notary can create, sign, or attach, and it isn’t something we “approve.”
Notaries never issue, sign, or authorize apostilles. We simply notarize documents that may later be submitted for one.
Who Can Issue an Apostille?
- The Secretary of State, for state-issued and notarized documents
- The U.S. Department of State, for federal documents
- Never a notary. Our role is the notarization only.
Notaries Should Only Notarize Documents That Require Notarization
Not every document going through the apostille process needs to be notarized. In fact, many official documents must not be notarized at all.
Certified vital records and court documents
- Birth certificates
- Marriage certificates
- Death certificates
- Divorce decrees
- Court-issued documents
These already carry their own certification from the issuing agency. Adding a notarization can actually invalidate them for apostille purposes.
Only when it’s required
A notary should only notarize a document when:
- The document requires notarization
- The signer is present and eligible for notarization
If a client brings a document that shouldn’t be notarized, it’s our responsibility to explain that notarization isn’t appropriate.
Sometimes it depends on the wording. A Certificate of Life for a foreign pension, for example, can be notarized when the signer makes the statement, but not when it asks the notary to certify that the signer is alive. We break that down in Making Sense of Certificate of Life Drafting.
Accuracy Matters: The Notarization Must Be Completed Correctly
If a document does require notarization before it’s submitted for an apostille, the notarization must be flawless. The Secretary of State reviews it carefully before deciding whether to attach an apostille.
Why it matters: if anything is missing or incorrect, the Secretary of State will reject the document. That means delays, frustration, and added costs for the signer.
Every Notarization Needs
- The correct certificate type (acknowledgment, jurat, etc.)
- A fully completed certificate, with no blanks
- The signer appearing in person
- A clear, complete, compliant seal
- A signature that matches the notary’s commission
- An accurate date
- No unauthorized changes or corrections
The Secretary of State Reviews Everything Before Issuing an Apostille
Once the notarized document is submitted, the Secretary of State doesn’t simply attach an apostille automatically. Here’s how the process works.
Notarization
The notary completes the notarization correctly, if the document requires one.
Submission
The document is submitted to the Secretary of State for an apostille.
Review
The Secretary of State verifies the notarization in detail.
Apostille
Only after that review is the apostille certificate attached.
What the Secretary of State Verifies
- The notary’s commission status
- The notary’s signature on file
- The seal impression
- The certificate wording
- The document type
- Whether the notarization complies with state law
Our Role Is Specific, and That Protects Everyone
Notaries play a vital role in the apostille process, but our role is specific and limited. Understanding these boundaries protects everyone involved, and helps us serve our clients with confidence and clarity.
Notarize correctly
- Make sure any notarization connected to an apostille request is completed correctly, legally, and professionally
- Explain when notarization isn’t appropriate
Issue or certify
- Issue apostilles
- Certify documents for international use
If you need help notarizing a document that will require an apostille, our apostille service can walk you through it.
Frequently Asked Questions
Can a notary issue an apostille? +
Should every document be notarized before getting an apostille? +
What happens if a notarization has an error? +
Who reviews a notarized document before an apostille is attached? +
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