Translation and Apostille: Which Comes First?

If a foreign authority has asked for an apostilled document and a translation, the order of steps matters. Get it wrong and you may pay for an apostille that does not cover what the authority needs to see.

The right order depends on which way the document is travelling.

First, what an apostille actually certifies

An apostille is a certificate under the 1961 Hague Apostille Convention. It confirms that the signature, seal or stamp of a public official on a document is genuine: a registrar, a court clerk, a notary. It says nothing about the contents of the document, and nothing about any translation that is not itself signed by an official.

Apostilles are issued by the country where the document was issued. In the US, state documents (birth certificates, notarized documents, state court records) are apostilled by that state's designated authority, usually the Secretary of State. Federal documents, such as FBI background checks, are apostilled by the US Department of State's Office of Authentications.

Case 1: A US document going abroad

For example, a New Jersey birth certificate needed in Spain, or a US diploma needed in Turkey.

1. Get the correct original. Many authorities require a recently issued certified copy of a vital record, issued by the state-level office, before they will apostille it.
2. Apostille the original through the issuing state's authority.
3. Translate the document together with its apostille. The apostille is part of the document now, and the receiving authority will want to read it.
4. Check whether the destination accepts a translation made in the US. Some countries accept a certified translation made anywhere. Others require a translation by a sworn translator in their own country, or a translation that is itself notarized and apostilled (see below).

When the translation also needs an apostille

If the destination wants the translation apostilled too, the translation needs an official signature for the apostille to attach to. The usual route is:

1. The translator signs the certificate of accuracy in front of a notary, which makes it a notarized translation.
2. The notarized translation is submitted for an apostille, which authenticates the notary's signature.

State procedures differ. New Jersey, for example, accepts documents notarized by a New Jersey notary directly. New York generally requires the notary's signature to be certified by the county clerk before the Department of State will apostille it. Check the rules of the state where the notary is commissioned.

Case 2: A foreign document coming to the US

For example, a birth certificate from Colombia for a USCIS filing.

1. Any apostille comes from the issuing country, before the document leaves it. A US office cannot apostille a foreign document.
2. Translate everything into English, including the apostille, if there is one. It is in the language of the issuing country and is part of the document.

Many US uses do not need an apostille at all. USCIS, for instance, asks for a certified English translation and the civil document listed for your country in the State Department's reciprocity schedule, not an apostille. Courts and some state agencies can differ, so check with the receiving office.

Countries that do not accept apostilles

If the destination country is not a party to the Hague Apostille Convention, an apostille will not be accepted. You need an authentication certificate and embassy legalization instead. That is a different chain of steps, covered in apostille vs. authentication and legalization.

Quick checklist

• Direction of travel: US document going abroad, or foreign document coming in?
• Is the destination a Hague Convention country?
• Does the destination accept US-made translations, or does it require its own sworn translators?
• Does the translation itself need an apostille? If so, notarize it first.

How we can help

Global Certified Translations handles certified translation, notarization ($19 per document) and apostille services ($195, 5 business days) from our office in Edgewater, New Jersey. See our apostille service, or get an instant translation quote.