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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 officeThe 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 copyAn 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 timingSet 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]

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

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

  1. U.S. Department of State: Preparing a Document for an Apostille Certificate ("State documents: … get it certified by the state that issued the document")
  2. 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)
  3. Washington Secretary of State: Apostille FAQ ("Vital records must be apostilled by the issuing state")
  4. Wisconsin Secretary of State: Apostille FAQ (cannot process vital records from other states, copies of vital records, or federal documents)
  5. South Dakota Secretary of State: Apostilles and Authentications
  6. New York Department of State: Obtain an Apostille/Certificate of Authentication
  7. CDC National Center for Health Statistics: Where to Write for Vital Records
  8. Texas DSHS: Records for Foreign Governments (Apostille)
  9. Minnesota Secretary of State: Apostille/Authentication
  10. HCCH: Status table of the Apostille Convention