Most of what we write about is U.S. documents going overseas. The reverse comes up often too: a birth certificate, diploma or court record issued in another country that a U.S. employer, school or agency asks you to have apostilled. People then send it to a Secretary of State and wait. It comes back unchanged.
The rule: the issuing country apostilles
An apostille confirms the signature, capacity and seal of the official who signed or sealed a document. Only the authority in the country where that official works can do that. A U.S. state office has no signature samples from a registrar in another country, so it has no way to vouch for one.
So a document issued abroad needs its apostille from the country that issued it. That usually means a foreign ministry, a court, or another office that country has named for the job. Each country sets its own process, and it is the same for you whether you live in the U.S. or not.
What this looks like in practice
- A diploma from a university abroad: the apostille comes from the authority in that country, often after a step at the school or education ministry.
- A foreign birth or marriage certificate: the apostille comes from that country, based on its civil registry.
- A foreign court record: the apostille comes from the authority that country designates for court documents.
The order of steps and the office involved differ by country, so look at that country’s official government pages or ask the issuing office directly. Relatives still living there can often start the request for you.
If the country is not a Hague member
If the issuing country is not part of the Apostille Convention, it cannot issue an apostille at all. Documents from those countries usually go through a legalization chain instead. Which steps apply depends on the countries involved and on what the receiving U.S. party accepts, so ask the receiving party what they need. Our guide on apostille versus legalization explains the difference. You can check membership on the status table at hcch.net.
A common mix-up: documents you sign in the U.S.
Some documents mix both worlds. A power of attorney you sign in the U.S. for use abroad is a U.S. document, and a U.S. state apostille is correct. A foreign certificate you hold, but did not sign or have issued here, is a foreign document. The question is always where the official who signed or sealed it works.
A new notarized statement made in the U.S. about a foreign document is also a U.S. document. It can be apostilled by the state that commissioned the notary. But it does not turn the foreign document itself into something the U.S. apostille covers. Whether the receiving party accepts that approach is for them to say, so ask before you spend money.
Ask the receiving party the right question
Instead of asking whether the document “needs an apostille”, ask: which authority must authenticate this, and does it need to come from the issuing country? Get the answer in writing if you can. Translation requirements are a separate question and also vary, so raise that at the same time.
Not sure which side of the line you are on?
If your paperwork is a mix of U.S. and foreign documents, our free document review can sort out which items a U.S. office can apostille and which need to go back to the issuing country, before you pay any government fee.