Introduction
If you are preparing a document for international use, one of the first questions is: Who issues my apostille?
In the United States, that depends entirely on who issued the document. Some documents go to your state Secretary of State, while others must be authenticated by the U.S. Department of State in Washington, D.C.
This guide explains when to use each authority, shows how to recognize the correct routing, and provides examples and FAQs to help you avoid common mistakes.
Understanding Who Issues Apostilles
Every apostille must originate from the competent authority that governs the document’s country of origin.
In the U.S., this means:
- That state’s Secretary of State apostilles documents issued or notarized within a state.
- Documents issued by a federal agency are apostilled by the U.S. Department of State (Office of Authentications).
State Secretary of State Apostilles
Documents created, recorded, or notarized at the state or local level are handled by that state’s Secretary of State. This includes state vital records, court documents, and notarized paperwork.
Common Examples
- Birth, death, marriage, and divorce certificates issued by state or county offices
- State court judgments, dockets, and certified copies
- Notarized private documents such as powers of attorney, school transcripts, and diplomas
- Business filings or certificates of good standing issued by a state office
Each document must be certified in the state where it was issued or notarized. A California notary’s document goes to the California Secretary of State, a Texas notary’s to the Texas Secretary of State, and so on.
U.S. Department of State Apostilles
The U.S. Department of State (Office of Authentications) issues apostilles for documents produced by federal agencies or federal courts. These documents are not handled by state offices.
Common Examples
- FBI background checks (Identity History Summaries)
- Federal court records and certifications
- USDA or APHIS export and phytosanitary certificates
- FDA Certificates to Foreign Governments
- Consular Reports of Birth or Death Abroad issued by the U.S. Department of State
Federal documents often require an internal verification step from the issuing agency before they can be submitted to the Department of State.
Quick Reference Matrix
| Document Type | Issuing Authority | Apostille or Authentication Authority |
|---|---|---|
| California birth certificate | California Department of Public Health | California Secretary of State |
| Notarized power of attorney | Texas notary public | Texas Secretary of State |
| State court judgment | State court clerk | Secretary of State of that state |
| Business certificate of good standing | State SOS or corporation division | Same state’s SOS |
| FBI background check | Federal Bureau of Investigation | U.S. Department of State |
| USDA export certificate | U.S. Department of Agriculture | U.S. Department of State |
| Federal court document | Federal judiciary | U.S. Department of State |
| Consular Report of Birth Abroad | DOS Passport Services, Vital Records | U.S. Department of State (Vital Records Section) |
| D.C. notarized affidavit | District of Columbia notary | D.C. Office of Notary Commissions and Authentications (ONCA) |
| Document for non-Hague country | Depends on issuer | Same routing (state or federal), but results in an Authentication Certificate |
Special Cases and Common Pitfalls
Matching the Jurisdiction
Always send the document to the state or federal office that governs where it was issued. A mismatch between the notary’s state and the SOS office is one of the most common causes of rejection.
Federal vs. State Boundaries
State offices cannot issue Apostilles for federal documents, and the Department of State will not process state-level or notarized documents.
District of Columbia
Local documents and notarizations in Washington, D.C., are processed at the D.C. Office of Notary Commissions and Authentications, while the U.S. Department of State handles federal documents originating in D.C..
Non-Hague Destinations
For countries outside the Hague Apostille Convention, you will receive an Authentication Certificate instead of an apostille. After that, the document must be legalized at the embassy or consulate of the foreign country.
Frequently Asked Questions
What is an apostille?
An apostille certifies the authenticity of a public document for use in another country that is a member of the Hague Apostille Convention.
How can I tell whether my document is state or federal?
Look for the seal or letterhead. State, county, or notary seals indicate that the document is of a state-level origin. Seals from federal agencies (such as the FBI, USDA, or FDA) indicate that the document is from a federal agency.
Where do I send notarized documents?
Send them to the Secretary of State in the same state where the notary is commissioned.
How are Consular Reports of Birth Abroad handled?
These are federal records and must be apostilled by the U.S. Department of State, Passport Services, Vital Records Section.
What if my destination country is not a signatory to the Hague Convention?
You will receive an Authentication Certificate instead of an apostille, and then you must complete legalization at the embassy of the destination country.
Official References
U.S. Department of State, Office of Authentications
travel.state.gov/authentications
California Secretary of State, Apostille and Authentication
sos.ca.gov
Texas Secretary of State, Authentication Unit
sos.state.tx.us
District of Columbia, Office of Notary Commissions and Authentications (ONCA)
os.dc.gov
Hague Conference on Private International Law (HCCH), U.S. Competent Authorities
hcch.net
Disclaimer
This guide is published by the American Apostille Association for educational purposes. Requirements and procedures may change. Always confirm current instructions directly with the U.S. Department of State or the appropriate state Secretary of State before submitting documents.
