An Apostille is a form of certification set out in the 1961 Hague Convention, to which the United States became a subscriber in 1981. It is a form of numbered fields, which allows the data to be understood by the receiving country regardless of the official language of the issuing country.

The object of the Apostille is to “abolish the requirement of diplomatic or consular legalization for foreign public documents”. The completed Apostille certifies the authenticity of the signature, the capacity in which the person signing the document has acted, and identifies the seal/stamp which the document bears.

Each subscribing nation may designate those authorities which may issue Apostilles for their jurisdiction. The United States has appointed the Secretary of State (or their counterpart) of the various states as said authority. The Secretary of State of Texas has expanded this authorization to include the Deputy Secretary of State and the division directors.

The Texas Secretary of State may issue an Apostille on documents issued by persons on file with the agency, including county clerks, notaries public, statewide officials. Recently issued birth/death certificates issued by locals registrars must have been issued within the past three (3) years in order for the Secretary of State to issue an Apostille.

The competent authority for issuance of Apostilles on documents issued by the federal government are the clerks of the federal courts.

The Apostille may be obtained to transmit public documents executed in one subscribing country to another subscribing country wherein the documents need to be produced. The Hague Convention defines ‘public documents’ as:

1. those originating in a court, clerk of a court, public prosecutor or process server,
2. administrative documents,
3. notarial acts,
4. official certificates placed on documents

These types of ‘public documents’ would include birth/death certificates, marriage licenses, divorce decrees, school transcripts and diplomas/degrees, among others.

A request for an Apostille may be made in person or through the mail. The document(s) will be handled by the appropriate division within Texas Secretary of State’s office. Requests for corporate documents requiring an Apostille should be directed to the Corporations Section. Requests for Apostille on documents executed before a Texas notary public, documents issued by statewide officials (such as the State Registrar of Vital Statistics, district judges, motor vehicle custodian of records, etc.), and certified copies issued within the past five years by county officials and local registrars should be submitted to the Authentications Unit.

Along with the document(s), please provide us with the name of the country to which the document(s) will be transmitted.

There is a statutory fee of $15.00 per Apostille being requested unless the Apostille is requested for use in adoption proceedings. If the Apostille is requested for use in proceedings related to an adoption, the fee is $10.00 per Apostille, and the total fees may not exceed $100.00 for the adoption of each child. Checks and money orders should be in favor of the ‘Secretary of State of Texas’. This Texas Secretary of State also accepts American Express, Discover, MasterCard, and Visa credit cards (PDF).

A self-addressed, stamped envelope for the return of the document(s) and Apostille must be included with the request. If overnight mail service is required, a pre-addressed, prepaid airbill and envelope must be included.