State vs. federal apostille: how to choose the right one
The correct authority is not determined by your destination country or where you live. It depends on the public signature that appears on the document.
The rule that solves most cases
Ask who issued or certified the document. A birth certificate, marriage certificate, state court record or state notarial act generally goes to the competent authority in that state. A document signed by a federal official—such as an FBI identity history summary—follows the federal route through the U.S. Department of State.
Documents that usually follow the state route
- Birth, marriage and death certificates.
- State court judgments and certified records.
- Diplomas or transcripts when the eligible signature is state or notarial.
- Powers of attorney and other notarized private documents.
- Articles, certified copies and status certificates issued by a state.
Rules vary by state. Confirm the required certification before anyone notarizes a copy or signature.
Documents that usually follow the federal route
- FBI background checks bearing the recognized federal signature.
- Federal-agency documents with an eligible signature.
- Certain federal court, consular and military documents.
The State Department warns applicants not to notarize an original federal document. That can make it unusable for the proper federal route.
Destination is not the apostille authority
Spain, France or Mexico may be the destination, but that does not determine whether the U.S. apostille is state or federal. Identify the origin of the signature first; then confirm whether the receiving country uses Hague apostilles or a different legalization chain.
Before you submit
- Get the receiving authority's requirement in writing.
- Identify each exact document.
- Check the signer's name, title, state or agency.
- Confirm whether an original or certified copy is required.
- Check translation, age and format requirements.
Frequently asked questions
Is every notarized document a state document?
The notary's signature is generally authenticated in the commissioning state, but notarization should not be used to replace the correct certified public record.
Can Florida apostille an FBI check?
No. Your residence does not change the document's federal origin. FBI checks go through the U.S. Department of State.
Does each document need its own apostille?
Usually. A single file may contain a birth certificate, FBI check and power of attorney that follow three different preparation routes.
Official sources
Want to confirm the route for your documents?
Send us the document type, issuing state or agency and destination country. We review the document route before you incur unnecessary expense.
Informational content only. Integramerica is not a law firm and does not provide legal advice. Requirements and final acceptance depend on the receiving authority.