Last verified: October 22, 2026
Apostille for a US marriage certificate: which state, which copy, and why it gets rejected
Spouse visas, residency in Mexico, Italy, or Spain, a pension or property abroad: a marriage certificate is one of the documents people most often need apostilled, and one of the most often sent back. The rule is the same as for birth certificates: a marriage certificate is a state document, so the apostille comes from the state where the marriage was recorded, on a certified copy from the office that issued it. [1][2][3]
| Which office | The apostille authority (usually the Secretary of State) of the state where you married, not the state you live in now. [1][3][4] |
|---|---|
| Which copy | An original or certified copy from the county or state office that recorded the marriage. A photocopy isn't accepted. [3][4][5] |
| Fee and timing | Set by each state. Examples: New York lists $10 per document [6]; Florida lists $10 per document, or $20 for documents certified by a Florida Clerk of the Court [4]; California lists $20 per apostille, plus a $6 special handling fee per official's signature for in-person service [5]. Check the issuing state's page for processing times. |
Step 1: Order a certified copy from the office that recorded the marriage
In most states the marriage is recorded by a county office (clerk, recorder, or auditor), and many states' vital records offices also issue copies. Washington, for example, says to order a certified copy "from the county auditor that issued the marriage certificate or Center for Vital Statistics." [3] The CDC's Where to Write for Vital Records page links to every state's office. [7]
- The ceremony certificate isn't the record. The decorative certificate you signed at the wedding isn't a certified copy issued by the recording office. States ask for a certified copy, and California and Florida say a photocopy is not acceptable. [4][5]
- Don't get a copy notarized. Texas lists marriage licenses as "recordable" documents that "cannot be notarized or turned into certified copies by a notary public." [8] South Dakota says marriage certificates must be certified by the issuing agency, not a notary. [9]
- Texas: watch the date. Texas's apostille page notes, for recordable documents, "(must be less than five (5) years old)." [8] If your certified copy is older, call the Texas Secretary of State before you mail it.
Step 2: Check for an extra county step (New York and others)
New York is where most rejections we read about happen. New York says marriage certificates "issued by a local or county official or county Department of Health must first be certified by the County Clerk of the county where the document was issued." Certificates issued by the New York State Department of Health and signed by the Director of Vital Statistics or NYS Registrar don't need that step. New York City marriage records come from the NYC Marriage Bureau (or NYC Department of Health) and "must then be certified by the New York County Clerk's Office." [6]
New York also warns that every New York vital record lists "New York State" on it, and that alone doesn't mean the State Department of Health issued it. Read the certification on your copy closely. [6]
Step 3: Send it to the issuing state's apostille office
Send the certified copy with that state's request form (or cover sheet), the fee, and a 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][5] Florida, for example, asks for a self-addressed stamped envelope or a prepaid air bill with your name as both sender and recipient, and payment by check or money order. [4]
State guides: California. More are on the way; see the state index.
Step 4: Non-Hague country? One more stop
If the destination country isn't in the 1961 Hague Apostille Convention, the state issues a certificate of authentication instead, and the U.S. Department of State says to then send it to its Office of Authentications. [1][2] The country's embassy or consulate may add its own step after that. Check the HCCH status table [10] and see apostille vs. authentication.
Common situations
- Married in one state, living in another: order from, and send to, the state where you married. Florida, for example, says a document issued in another state goes to "the Competent Authority for that state." [4] Washington says vital records "must be apostilled by the issuing state." [3]
- Married abroad (for example, in Mexico): a US state can't apostille it. Under the Hague Convention the apostille is issued "by a Competent Authority in the place where the document originates," so a Mexican marriage certificate is apostilled in Mexico. [11]
- Retirees and RVers living abroad: the certified copy has to physically reach the issuing state. Many people have a relative in the US order it and mail it in. Plan for mail time both ways. See RVing to Mexico or Canada: documents and apostilles.
- Need a birth certificate or FBI check too? Same state rule for the birth certificate (birth certificate apostille); the FBI check is federal (FBI background check apostille).
Fees, forms, and processing times are set by each state and change. Confirm on the issuing state's official apostille page before you send anything. Not legal advice.
Sources
- U.S. Department of State: Preparing a Document for an Apostille Certificate
- U.S. Department of State: Preparing a Document for an Authentication Certificate
- Washington Secretary of State: Apostille FAQ (vital records, marriage certificates)
- Florida Department of State: Authentications (Apostilles & Notarial Certifications)
- California Secretary of State: Request an Apostille
- New York Department of State: Obtain an Apostille/Certificate of Authentication
- CDC National Center for Health Statistics: Where to Write for Vital Records
- Texas Secretary of State: Apostille/Authentication of Documents
- South Dakota Secretary of State: Apostilles and Authentications
- HCCH: Status table of the Apostille Convention
- HCCH: Apostille Section