Last verified: October 21, 2026
Apostille for a US birth certificate: which state, which copy, which office
The most common mix-up: people send their birth certificate to the Secretary of State where they live now, or to the U.S. Department of State in Washington, D.C. Both get rejected. A birth certificate is a state document, so the apostille has to come from the state where the birth certificate was issued. [1][2][3]
| Which office | The apostille authority (usually the Secretary of State) of the state that issued the birth certificate, not the state you live in. [1][2][3] |
|---|---|
| Which copy | An original or certified copy issued by the vital records office, with its seal and the issuing official's signature. A photocopy, or a copy a notary has certified as a "true copy," isn't accepted for vital records. [3][4][5] |
| Fee and timing | Set by each state and they vary. Check the issuing state's apostille page before you mail anything. (Example: New York lists $10 per document. [6]) |
Step 1: Get a fresh certified copy from the issuing state
Order a certified copy from the vital records office in the state (or, for some records, the county or city) where the birth happened. The CDC's Where to Write for Vital Records page links to every state's office. [7] When you order, say it's for an apostille. Texas, for example, asks you to choose "Apostille" as the reason for the request. [8]
- Don't send a laminated, altered, or photocopied certificate. Washington accepts only an original (unaltered) or certified copy. [3]
- Don't get it notarized. South Dakota says birth, marriage, and death certificates "CANNOT be certified by a notary public as 'true copies'" and must be certified by the issuing agency. [5] Wisconsin lists "copies of vital records" among the documents it can't process. [4]
- Long-form vs. short-form: some countries ask for a specific version. Ask the receiving authority abroad which one it wants before you order. Minnesota, for example, no longer issues long-form birth certificates and explains its alternative on its apostille page. [9]
Step 2: Check for an extra local step (New York and others)
Some states add a step before the state will apostille. In New York, birth certificates issued by a local or county official must first be certified by the County Clerk of the county where the document was issued. For New York City birth certificates you also need to request a "Letter of Exemplification" when you order the record. Certificates issued by the New York State Department of Health and signed by the Director of Vital Statistics or NYS Registrar don't need the County Clerk step. [6]
Other states have their own rules. Read the issuing state's apostille page (or call the number listed there) before you send anything.
Step 3: Send it to the issuing state's apostille office
Send the certified copy with that state's request form, its fee, and a prepaid return envelope if the state asks for one. Tell them the country where you'll use it: that decides whether you get an apostille or a certificate of authentication. [1][2]
Already know the state? See our state guide: California. More states are being added; see the state index.
Step 4: Non-Hague country? There's one more stop
If the destination country isn't in the 1961 Hague Apostille Convention, the state issues a certificate of authentication instead. Then the U.S. Department of State says to send that state-authenticated document to its Office of Authentications with Form DS-4194. [1][2] The destination country's embassy or consulate may have its own legalization step after that, so ask them. See apostille vs. authentication and check the HCCH status table for the country's membership. [10]
Common situations
- Born in one state, living in another: order from the birth state and send it to the birth state's apostille office. Your current state can't help. [3][4]
- Living or traveling abroad (retirees, RVers in Mexico): the certified copy has to be physically sent to the issuing state. Many people have a relative or trusted contact in the US receive it and forward it. Plan for mail time both ways. See also RVing to Mexico or Canada: documents and apostilles.
- FBI background check in the same packet? That one is federal and goes to the U.S. Department of State instead: FBI background check apostille. [3][4]
Each state sets its own fees, forms, and processing times, and they change. Always confirm them on the issuing state's official apostille page. Not legal advice.
Sources
- U.S. Department of State: Preparing a Document for an Apostille Certificate ("State documents: … get it certified by the state that issued the document")
- U.S. Department of State: Preparing a Document for an Authentication Certificate (lists birth certificates as state documents; get them authenticated by the issuing state first)
- Washington Secretary of State: Apostille FAQ ("Vital records must be apostilled by the issuing state")
- Wisconsin Secretary of State: Apostille FAQ (cannot process vital records from other states, copies of vital records, or federal documents)
- South Dakota Secretary of State: Apostilles and Authentications
- New York Department of State: Obtain an Apostille/Certificate of Authentication
- CDC National Center for Health Statistics: Where to Write for Vital Records
- Texas DSHS: Records for Foreign Governments (Apostille)
- Minnesota Secretary of State: Apostille/Authentication
- HCCH: Status table of the Apostille Convention