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Apostille Convention

1961 foreign document certification treaty From Wikipedia, the free encyclopedia

Apostille Convention
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"Apostille" redirects here; not to be confused with Apostle or Apostil.

The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Convention, is an international treaty drafted by the Hague Conference on Private International Law (HCCH). The Apostille Convention is intended to simplify the procedure through which a document, issued in one of the contracting states, can be certified for legal purposes in the other contracting states of the convention. A certification under the convention is called an apostille or Hague apostille (from French apostille, meaning a marginal or bottom note, derived from Latin post illa, meaning "after those [words of the text]").[2] An apostille is an international certification comparable to a notarisation, and may supplement a local notarisation of the document. If the convention applies between two states, an apostille issued by the state of origin is sufficient to certify the document, and removes the need for further certification by the destination state.

Quick Facts Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, Signed ...
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Background

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Main article: Document legalization
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Legalisation of a Canadian document for use in the Netherlands (before Canada acceded to the Apostille Convention). This document was certified by the Canadian Department of Foreign Affairs and International Trade and subsequently by the Embassy of the Netherlands in Canada.
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Apostille issued by the U.S. state of Alabama. This apostille is sufficient to certify the document for any state where the Apostille Convention is in force.

Many states require the verification of the authenticity of foreign documents, in a procedure called legalisation, for the document to be legally valid there. This legalisation is generally a chain of certifications, by one or more authorities of the state where the document was issued and of the destination state. The first authority certifies the issuer of the document, and each subsequent authority certifies the previous one, until the final certification is made by an authority of the destination state that can be recognised by the final user there.[3] For example, to be accepted in Thailand, a document from the U.S. state of Maryland not issued by a government official must be certified by a notary public, who must then be certified by the clerk of the circuit court in the notary's county, who must then be certified by the Maryland Secretary of State, who must then be certified by the U.S. Department of State, which must finally be certified by the Embassy of Thailand in the United States.[4][5]

In many cases, the legalisation procedure is simplified or exempted altogether. For example, some states have agreements eliminating the legalisation requirement for certain documents issued by each other, such as between Argentina and Italy,[6] between Brazil and France,[7] between parties of the Convention on the Issue of Multilingual Extracts from Civil Status Records,[8][9] and between parties of the Convention on Legal Assistance and Legal Relations of the Commonwealth of Independent States.[10][11] The European Union also has a regulation eliminating the legalisation requirement for certain documents of its member states to be accepted by each other.[12] Some states such as Canada, Japan, South Africa, the United Kingdom and the United States generally accept documents from any state without any certification.[13][14][15][16][17]

The Apostille Convention, drafted by the Hague Conference on Private International Law (HCCH), is intended to simplify the legalisation procedure by replacing it with a certification called an apostille, issued by an authority designated by the state of origin. Ideally the apostille would be the only certification needed, but in some cases additional certifications in the state of origin may be required before the apostille is issued. In any case, after the apostille, no certification by the destination state is required.[3]

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Contracting states

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The convention permits certain states to sign and ratify the convention, becoming contracting states.[a] For each of these states, or for an extension to one of its territories, the convention enters into force 60 days after the deposit of its ratification or territorial extension. Other states are also permitted to become contracting states by acceding to the convention, but without signing it. For each of these states, during the period of six months after it deposits its accession, the other contracting states may object to it, and the convention enters into force 60 days after this period, between the acceding state and all other contracting states that did not object to it.[1] Later, if a contracting state withdraws its objection, the convention enters into force between these two states at that time. A successor state of a previous contracting state may declare to continue to be bound by the convention without a waiting period or accede later as a new state.

As of 2025, 127 states are contracting states of the Apostille Convention.[19][20]

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Potential accessions

The governments of Iran, Lebanon, Malaysia and Vietnam have expressed interest in acceding to the Apostille Convention.[79][80][81][82]

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Procedure

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Eligible documents

The convention mentions four types of documents eligible for apostilles:[1]

  • court documents
  • administrative documents (e.g. vital records)
  • notarial acts
  • official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.

However, the Apostille Convention does not apply to documents issued by diplomatic or consular officers, or to administrative documents dealing directly with commercial or customs operations.[1] The reason for this exclusion is that these documents are usually already exempt from legalisation.[83]

Competent authorities

Each contracting state designates one or more authorities to issue apostilles. Examples of designated authorities are ministries, courts, subnational governments, notaries and registries. In some states, each authority is designated to issue apostilles only on certain types of documents. For example, in Hungary, apostilles are issued on court documents by the Ministry of Justice, on notarial documents by the Chamber of Civil Law Notaries, and on other documents by the Ministry of Foreign Affairs;[84] in Mexico, apostilles on federal documents are issued by the federal Secretariat of Governance, and on state documents by the respective state government.[85]

In general, documents issued by a government official can be certified directly with an apostille, while other documents must be certified by a notary, who may then be certified with an apostille. In some cases, additional intermediate certifications may be required; for example, for notarised or municipal documents in some U.S. states, the notary or municipal official must be certified by the respective county or court, which may then be certified by the respective state with an apostille.[4][86][87]

Cost

The fee for issuing an apostille varies widely by state. In 2016, the HCCH compiled fees of 54 states and calculated an average of 15.43 EUR.[88] Some states, such as Italy and Japan, do not charge a fee,[89][90] while the Cayman Islands charge 150 KYD (180 USD), one of the highest.[91] In some states, the fee also varies by location, authority, quantity, purpose or type of document. For example, in the United States, Indiana does not charge a fee for an apostille of a birth certificate,[92] while Connecticut charges 40 USD for an apostille not related to adoption.[93]

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Format

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An apostille issued by Norway

The apostille is a stamp or printed form, placed on the document itself or attached to the document as an allonge. At the top is the title Apostille, followed by (Convention de La Haye du 5 octobre 1961) (French for "Hague Convention of 5 October 1961"). The convention specifies that this text must be in French. After this text, the apostille contains ten numbered fields, which may be in English, French or the language of the competent authority, and may be repeated in one or more additional languages. The numbered fields contain the following information:[1][3]

  1. Country: [e.g. Hong Kong, China]
    This public document
  2. has been signed by [e.g. Henry CHO]
  3. acting in the capacity of [e.g. Notary Public]
  4. bears the seal/stamp of [e.g. High Court of Hong Kong]
    Certified
  5. at [location or authority issuing the apostille, e.g. High Court]
  6. the [e.g. 16 April 2014]
  7. by [e.g. Louis TANG, Registrar, High Court]
  8. No. [e.g. 2536218517]
  9. Seal/stamp: [of the authority issuing the apostille, e.g. Emblem of Hong Kong Special Administrative Region]
  10. Signature: [of the official issuing the apostille]

Verification

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An electronic apostille issued by Belgium

Each competent authority must maintain a register of apostilles issued, for verification on request by anyone.[1]

In 2006, the electronic apostille program (also known as e-APP) was launched to support the electronic issuance and verification of apostilles around the world.[510] Since then, many contracting states have implemented electronic apostilles or electronic registers for their verification.[511]

Validity

Apostilles never expire. However, a document certified with an apostille may have an expiration date, or the destination state may require that the document be presented by a certain time.[3]

Additional requirements

The apostille replaces the legalisation requirement, but the destination state may have additional requirements for the document to be used there. For example, it may require that the document be translated into a certain language, although it must not require a translation of the apostille itself.[3]

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Benefits and disadvantages

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The Apostille Convention is beneficial in cases that would otherwise require certifications by both the origin and destination states, as the convention removes the latter requirement. However, the convention is neutral in cases that would otherwise require only a certification by the state of origin anyway, similar to an apostille, or no certification at all, and it can be disadvantageous in cases where a consular certification alone would otherwise be sufficient to legalise a document. The convention requires that contracting states direct their embassies and consulates to no longer perform legalisations of documents where the convention applies,[3] so in this case the apostille is the only method available to certify the document, not only an alternative to consular legalisation, even if the latter would be simpler or less expensive.

For example, before Brazil acceded to the Apostille Convention, to legalise an educational document from the United States for academic use in Brazil, it was sufficient for the document to be certified by a Brazilian embassy or consulate in the United States, for a fee of 5 USD.[512] After the convention entered into force in Brazil, its embassy and consulates in the United States no longer perform legalisations, so U.S. documents must have an apostille to be accepted in Brazil.[513] In some U.S. states, an apostille of an educational document requires more certifications or a higher fee than the Brazilian consular legalisation did.[4][86][87][93]

This result is an unintended consequence, as the convention still allows states to further simplify or eliminate the legalisation requirement. The Hague Conference also encourages contracting states to eliminate the need for additional certifications before issuing an apostille, and to ensure that any fees are reasonable.[3]

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Limitations and abuse

The apostille only certifies that the signature, signer's capacity, and seal or stamp on the document are from the stated issuer. In other words, it only certifies the origin of the document, but it does not provide information about its content.[3] In 2008, the Hague Conference expressed serious concerns about diplomas and certificates issued by diploma mills, citing their possible use "to circumvent migration controls, possibly by potential terrorists."[514] The risk comes from the fact that the various government stamps give the document an air of authenticity without anyone having checked the underlying document. To address this concern, in 2009 the Hague Conference recommended that authorities add the following statement to apostilles: "This apostille only certifies the signature, the capacity of the signer, and the seal or stamp it bears. It does not certify the content of the document for which it was issued."[515]

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Gallery of apostilles by state

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See also

Notes

  1. These states were those represented at the ninth session of the Hague Conference on Private International Law (Austria, Belgium, Denmark, Finland, France, Greece, Italy, Japan, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, the United Kingdom, West Germany, and Yugoslavia),[18] Iceland, Ireland, Liechtenstein, and Turkey.[1]
  2. The convention entered into force between Albania and the following contracting states on different dates: Belgium on 21 December 2015, Germany on 9 December 2016, Greece on 26 February 2018, Italy on 26 May 2011, and Spain on 7 February 2017.[21]
  3. The United Kingdom extended the convention to the predecessor of this state effective 25 April 1965. Following its independence, the state declared itself to continue to be bound by the convention.[22]
  4. Argentina objected to the extension of the convention by the United Kingdom to the Falkland Islands, South Georgia and the South Sandwich Islands, and the British Antarctic Territory.[23]
  5. Australia extended the convention to all of its territories upon its accession.[24]
  6. Austria, Estonia, Finland, Germany, Latvia, Lithuania, Poland, Portugal, Romania and Ukraine declared that they would not accept documents issued under the convention by the Russian authorities in Crimea and Sevastopol.[66][67][68][43][69][70][71][58][72][73] Poland and Ukraine also declared that they would not accept documents issued by the authorities of the Donetsk and Luhansk People's Republics.[71][73]
  7. The convention is not in force between Azerbaijan and Germany. The convention entered into force between Azerbaijan and the following contracting states on different dates: Hungary on 10 March 2005, and the Netherlands on 10 August 2010.[25]
  8. The convention is not in force between Bangladesh and the following states: Argentina, Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Lithuania, and the Netherlands.[26]
  9. Belarus declared itself bound by the convention as one of the successor states of the Soviet Union.[27]
  10. Yugoslavia signed the convention on 5 October 1961, ratified it on 25 September 1962, and it entered into force for Yugoslavia on 24 January 1965.[19] Following its dissolution, the successor states of Bosnia and Herzegovina, Croatia, North Macedonia, Serbia and Montenegro, and Slovenia declared themselves bound by the convention.[28][29][30][31][32] Following the dissolution of Serbia and Montenegro, the continuator state of Serbia and the successor state of Montenegro declared themselves bound by the convention.[33]
  11. The United Kingdom extended the convention to the predecessor of this state effective 25 April 1965. Following its independence, the state did not declare to continue to be bound by the convention, but acceded to the convention at a later date.[22]
  12. The convention is not in force between Burundi and the following contracting states: Austria, Czech Republic, Germany, and Poland.[34]
  13. Portugal extended the convention to all of its external territories on 21 December 1969.[58] These territories included the predecessors of Cape Verde and São Tomé and Príncipe, which did not declare to continue to be bound by the convention following their independence but acceded to the convention at a later date, and of Angola, Guinea-Bissau, Mozambique and Timor-Leste, which have not declared to be bound to the convention following their independence or acceded to the convention.[19]
  14. Dates are for mainland China. The United Kingdom extended the convention to Hong Kong on 25 April 1965, Portugal extended it to Macau on 21 December 1969, and the convention remained in force in both territories following their respective transfer to China.[19][35] The convention is not in force between mainland China and India.[36]
  15. Denmark extended the convention to the Faroe Islands effective 13 December 2021.[37] It has not extended the convention to Greenland.[38]
  16. The convention is not in force between the Dominican Republic and Germany. The convention entered into force between the Dominican Republic and the following contracting states on different dates: Austria on 30 January 2023, Belgium on 8 March 2019, and the Netherlands on 3 November 2017.[39]
  17. France extended the convention to all of its territories upon its ratification.[40] These territories included the predecessors of Comoros and Djibouti, which have not declared to be bound to the convention following their independence or acceded to the convention.[19]
  18. The convention entered into force between Georgia and the following contracting states on different dates: Germany on 3 February 2010, and Greece on 17 December 2015.[41] The convention does not apply to documents issued by Abkhazia and South Ossetia.[42]
  19. Germany ratified the convention as West Germany. Following its reunification with East Germany on 3 October 1990, it declared that the convention applied to the entire territory of Germany.[43]
  20. The convention is not in force between India and Germany. The convention entered into force between India and the following contracting states on different dates: Belgium on 9 January 2008, Finland on 5 October 2009, the Netherlands on 16 September 2008, and Spain on 12 February 2008.[44]
  21. The convention is not in force between Kosovo and the following contracting states: Argentina, Armenia, Austria, Azerbaijan, Belarus, Brazil, Chile, China, Cyprus, Ecuador, Georgia, Germany, Greece, India, Mauritius, Mexico, Moldova, Namibia, Nicaragua, Paraguay, Peru, Philippines,[45] Romania, Russia, Serbia, Slovakia, Spain, Ukraine, Uzbekistan, and Venezuela. The convention entered into force between Kosovo and the following contracting states on different dates: Israel on 20 November 2024, and Poland on 1 March 2024.[46]
  22. The convention is not in force between Kyrgyzstan and the following contracting states: Austria and Greece. The convention entered into force between Kyrgyzstan and the following contracting states on different dates: Belgium on 11 June 2025, and Germany on 7 October 2024.[47]
  23. The convention is not in force between Liberia and the following contracting states: Belgium and Germany. The convention entered into force between Liberia and the United States on 20 May 2015.[48]
  24. The convention is not in force between Moldova and Germany.[49]
  25. The convention is not in force between Mongolia and the following contracting states: Austria, Belgium, Finland, Germany, and Greece.[50]
  26. The convention is not in force between Morocco and Germany.[51]
  27. Dates are for the European part. The convention was extended to the Netherlands Antilles (predecessor of Aruba, Curaçao, Sint Maarten, as well as Bonaire, Sint Eustatius and Saba) from 30 April 1967.[19]
  28. New Zealand has not extended the convention to Tokelau.[52]
  29. The convention is not in force between Pakistan and the following contracting states: Austria, Czech Republic, Denmark, Finland, Germany, Greece, Netherlands, and Poland.[53] Pakistan declared that its participation in the convention would not apply to India or to parties that it does not recognise as states,[54] which would be Armenia and Israel.
  30. The convention entered into force between Paraguay and Germany on 6 January 2022.[55]
  31. The convention entered into force between Peru and the following contracting states on different dates: Germany on 1 January 2014, and Greece on 26 July 2024.[56]
  32. The convention is not in force between the Philippines and the following contracting states: Finland and Germany. The convention entered into force between the Philippines and the following contracting states on different dates: Austria on 1 June 2023, and Greece on 25 June 2024.[57] The Philippines declared that its accession would not apply to contracting parties that it does not recognise as states,[45] which is the case of Kosovo.
  33. Russia declared itself bound by the convention as the continuator of the Soviet Union.[59]
  34. The convention is not in force between Rwanda and Germany.[60]
  35. The convention is not in force between Senegal and the following contracting states: Austria, Germany, and the Netherlands.[61]
  36. The Netherlands extended the convention to Suriname on 16 May 1967. Following its independence, Suriname declared itself to continue to be bound by the convention.[62]
  37. The convention is not in force between Tajikistan and the following contracting states: Austria, Belgium, and Germany.[63]
  38. The convention is not in force between Tunisia and the following contracting states: Austria, Germany, and Greece. The convention entered into force between Tunisia and Belgium on 11 June 2025.[64]
  39. The convention entered into force between Ukraine and the following contracting states on different dates: Belgium on 5 July 2004 and Germany on 22 July 2010.[65]
  40. The United Kingdom extended the convention, effective 24 January 1965, to the Crown dependencies of Guernsey, Isle of Man and Jersey, and effective 25 April 1965, to the British Overseas Territories of Anguilla, Bermuda, British Antarctic Territory, British Virgin Islands, Cayman Islands, Falkland Islands (including the South Georgia and the South Sandwich Islands, which later became a separate territory and continued to apply the convention[74]), Gibraltar, Montserrat, Saint Helena, Ascension and Tristan da Cunha, and Turks and Caicos Islands,[75] as well as to the predecessors of several states. These states declared themselves to continue to be bound to the convention following their independence or later acceded to the convention, except for Kiribati (gained independence on 12 July 1979), the Solomon Islands (7 July 1978), Tuvalu (1 October 1978), and Zimbabwe (18 April 1980).[22]
  41. The United States has not declared territorial extensions but it has designated competent authorities in all of its permanently inhabited territories.[76]
  42. The convention is not in force between Uzbekistan and the following contracting states: Austria, Germany, and Greece. The convention entered into force between Uzbekistan and Belgium on 11 June 2025.[77]
  43. France and the United Kingdom extended the convention to the New Hebrides effective 15 February 1966. Following its independence, Vanuatu declared itself to continue to be bound by the convention.[40][78]
  44. Notarial documents may be apostilled directly by the respective notarial college, or certified by the respective notarial college and then apostilled by the Ministry of Foreign Affairs or another notarial college. University documents must be certified by the national Ministry of Education, and other educational documents must be certified by the Ministry of Education of the respective province, before an apostille is requested from the Ministry of Foreign Affairs or any notarial college. Other documents with physical signatures may be apostilled directly by the notarial college of the respective jurisdiction, or certified by the Ministry of the Interior and then apostilled by the Ministry of Foreign Affairs or another notarial college. Other documents with digital signatures may be apostilled directly by the Ministry of Foreign Affairs or any notarial college.[99] The Ministry of the Interior does not charge a fee for certification.[100] The fees charged by notarial colleges include the fee of the Ministry of Foreign Affairs.[101]
  45. Documents from anywhere in Brazil may be apostilled by any notary or registry office authorised by the National Council of Justice.[146] The fee is composed of various amounts and surcharges set for the state or Federal District where the office is located,[147] and a tax between 2 and 5% may be added to the fee depending on the municipality or district.[148] Due to variations in how each office calculates the surcharges and tax and whether it forwards them to the user, the total fee listed in this table for each state may not be exactly the same in all offices there.
  46. The Financial Police was also specified as an authority to apostille documents from this same agency.[274] In 2012, the Financial Police was replaced by the State Service for Combatting Economic Crimes,[275] and the latter was abolished in 2021.[276]
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