Legalization: Making a Document Accepted in Another Country
Legalization is the process of having a public document certified as genuine so that authorities in another country will accept it. Traditionally it meant diplomatic or consular legalization, in which an embassy or consulate of the receiving country confirmed the document.
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How the Apostille Convention changed it
The 1961 Hague Apostille Convention was written to remove the need for diplomatic or consular legalization of foreign public documents. Countries that are members must exempt covered documents from legalization, and a single certificate, the apostille, replaces it.
So the path depends on where the document is going:
- A Hague member country. An apostille replaces legalization. The Kansas Secretary of State says a document with its apostille needs no further certification by the State Department and no legalization by a U.S. embassy or consulate overseas in these countries.
- A country outside the Convention. An authentication certificate is used. Kansas does not say whether further legalization is then needed, so ask the receiving country's embassy or consulate.
Which documents are involved
State-issued records such as birth, marriage and death certificates and divorce decrees are among the documents a state Secretary of State may apostille or authenticate. Kansas also handles court judgments and documents notarized by a Kansas notary.
Frequently asked questions
Is legalization the same as an apostille?
No. An apostille is the single certificate that replaces legalization between member countries of the treaty.
Who performs legalization?
Historically a consulate or embassy of the receiving country. The process for your destination is set by that country, so check with it.
Does legalization check the content of the document?
No. The Convention describes an apostille as confirming the signature, the capacity of the signer and any seal or stamp, not the truth of the contents.
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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