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Federal vs. State Apostilles: Which One Does Your Document Need?

If you are moving abroad, marrying overseas, applying for dual citizenship or doing business in another country, you may be told your documents need an apostille. The first question I ask every client is simple: who issued the document? The answer decides whether it goes to a state office or to the U.S. Department of State, and sending it to the wrong place is the most common reason for a costly delay.

What an apostille is

An apostille is a certificate attached to a public document so that it will be accepted in another country. It verifies the signature, seal and authority of the official on the document. Apostilles were created by the 1961 Hague Apostille Convention, and they are accepted by every country that has joined it. If the destination country is not a member, the document usually needs a different authentication and sometimes legalization by that country’s embassy or consulate.

The rule: the issuer decides the office

A document gets its apostille from the same level of government that issued it.

  • Georgia state documents receive a Georgia apostille.
  • Federal documents receive an apostille from the U.S. Department of State Office of Authentications.
  • Documents from another state must go to that state’s apostille office. Georgia cannot apostille a birth certificate from Florida, for example.

State apostilles in Georgia

In Georgia, apostilles for Hague countries are issued by the Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA), not by the Secretary of State. Documents that usually qualify include:

  • Certified copies of Georgia birth, death and marriage certificates
  • Certified Georgia divorce decrees and other court documents
  • Certified documents from the Georgia Secretary of State Corporations Division
  • Documents notarized by a Georgia notary, such as powers of attorney, affidavits, translations, diplomas and transcripts

Vital records and court records must be official certified copies signed by the issuing official. A photocopy, even a notarized one, is usually rejected. If the destination country is not a Hague member, the Georgia Secretary of State handles a separate Great Seal certification instead of an apostille.

Federal apostilles

Documents issued or signed by a federal agency or federal official go to the U.S. Department of State in Washington. Common examples are:

  • FBI Identity History Summaries (background checks)
  • IRS letters and certificates of residency
  • Social Security Administration letters
  • Certificates of naturalization and other immigration documents
  • FDA certificates and other federal agency records
  • Documents from federal courts

Federal processing usually takes longer than state processing, and the requirements depend on the document. Because pricing and timing vary, federal apostilles are quoted individually. Please call (404) 532-9950 for a quote.

Hague or non-Hague country?

Before anything is submitted, confirm whether your destination country is a member of the Apostille Convention. The Hague Conference keeps the official list (linked below). If the country is not on it, ask the receiving agency or embassy exactly what they need. Many non-Hague countries require an extra step at their embassy or consulate.

Mistakes that cause rejections

  • Sending a photocopy instead of a certified copy
  • Sending a federal document to the state, or a state document to the federal office
  • Sending an out-of-state document to Georgia
  • A notarization with a missing seal, expired commission or incomplete certificate
  • Not naming the destination country on the request

How I help

I review your documents before anything is submitted, confirm which office should issue the apostille, notarize anything that needs notarizing, prepare the request and coordinate return shipping, whether that’s pickup in Douglasville, domestic shipping or international delivery. State apostilles start at $125 (standard), with rush and same-day options. Government fees are separate. See the full schedule on my apostille services page.

A note on legal advice

I can tell you how the apostille process works, but I can’t give legal or immigration advice or tell you which documents a foreign agency will require. Ask the receiving agency, embassy or your attorney for their exact requirements before you start.

References

This article is general information, not legal advice. Requirements can vary by document and agency, so confirm details with the organization that requested your document.

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