Hague Apostille Convention: The 1961 Treaty Explained
The Hague Apostille Convention is a 1961 international treaty that removes the need for diplomatic or consular legalization of foreign public documents between member countries. The Hague Conference on Private International Law (HCCH) publishes the treaty, formally titled the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents.
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What it does
Each member country exempts covered documents from legalization. In its place, the country where the document originated issues a single certificate, the apostille. The designated authority confirms "the authenticity of the signature, the capacity in which the person signing the document has acted" and the identity of any seal or stamp.
What it means for vital records
A birth, marriage, divorce or death certificate issued in one member country can be accepted in another member country with only an apostille. The State Department explains that countries in the Convention may require an apostille for documents issued by the U.S. federal government. For state-issued documents going to a Hague country, the issuing state does the certification instead.
What it does not do
The treaty is about the origin of the document. It does not decide whether the destination agency will accept the document for a given purpose. If the destination country is not a member, the State Department points to an authentication certificate rather than an apostille.
Frequently asked questions
What does HCCH stand for?
The Hague Conference on Private International Law, the organization that maintains the Convention.
Does an apostille replace a translation?
No. The treaty deals with legalization only. A destination country may still require a translation. See the entry on certified translation.
Who in the U.S. issues apostilles?
It depends on the document. The State Department handles federal documents, and the issuing state certifies state documents.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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