An apostille helps public documents from one country gain recognition in another country that joined the Hague Apostille Convention. In the United States, people often need this process for documents they will present in Brazil.
Common examples include birth certificates, marriage certificates, criminal background checks, powers of attorney, diplomas, and other official records.
What Is a Hague Apostille?
A Hague Apostille is a certification created under the Convention of October 5, 1961. This treaty is also known as the Apostille Convention.
The Convention simplifies the international validation of public documents. It replaces the older consular legalization process with one certification from a competent authority.
In practical terms, the apostille confirms the authenticity of a signature. It can also confirm the signer’s position and the seal or stamp on the document.
The apostille does not confirm the content of the document itself. It confirms the formal authority behind the signature or certification.
Brazil and the United States both participate in the Hague Apostille Convention. For that reason, Brazilian authorities generally require U.S. public documents to receive an apostille in the United States.
Who Issues Apostilles in the United States?
In the United States, the correct authority depends on the type of document. It also depends on the authority that issued or certified the document.
State authorities usually handle state-level documents. These may include birth certificates, marriage certificates, divorce certificates, school documents, and notarized documents.
The Secretary of State in the relevant state usually issues the apostille. This is normally the state where the document was issued or notarized.
Federal documents follow a different process. The U.S. Department of State generally handles apostilles for federal records.
Before starting the process, identify whether the document is state-issued, federal, or notarized. Sending the document to the wrong authority can delay the request.
State Documents
Many personal documents used in Brazil come from state or local agencies. These may include documents for immigration, citizenship, marriage, residency, or registration procedures.
For these documents, request the apostille in the state where the document originated. For example, a California birth certificate must follow California’s rules.
A New York certificate must follow New York’s rules. Each state has its own process.
States may use different forms, fees, deadlines, and delivery methods. Some states accept requests in person, by mail, or through authorized companies.
Some states may also require a recent or certified copy. Always check the specific rule before sending the document.
Notarized Documents
When someone signs a document before a notary public, the apostille usually comes from the notary’s state. The notary must be properly registered in that state.
Before requesting the apostille, check the notarization carefully. It should include the signature, stamp, date, notary identification, and required notarial wording.
Some states require an extra certification before the apostille. This certification may come from a county clerk or another local authority.
The requirement depends on the state and the type of notarization.
Federal Documents
Federal documents follow a separate procedure. The U.S. Department of State usually issues apostilles for records from federal agencies.
For this type of request, you generally need the original or certified document. You also need the correct form and the applicable fee.
The request should identify the country where the document will be used. If the document will go to Brazil, the request should say Brazil.
Applicants should follow the official instructions in effect at the time of the request.
General Steps to Request an Apostille in the United States
- Identify the type of document.
- Confirm which authority issued or certified it.
- Check whether the document is state-issued, federal, or notarized.
- Confirm whether you need an original, certified copy, or recent copy.
- Complete the form required by the competent authority.
- Indicate the country where the document will be used.
- Pay the applicable fee.
- Send the document through an accepted method.
- Wait for the apostille and the returned document.
Important Considerations
Before requesting an apostille, confirm that the document has the correct format. Civil certificates usually need certified copies from the competent agency.
Simple photocopies generally do not qualify for an apostille. The issuing authority may reject incomplete or informal copies.
Apostilles must come from the country where the document originated. A U.S. document must receive its apostille in the United States, not in Brazil.
An apostille also does not replace a sworn translation. For use in Brazil, foreign documents often need a sworn public translation in Brazil.
Apostilles for Use in Brazil
Brazilian authorities commonly request apostilles for U.S. documents. These authorities may include the Federal Police, notary offices, universities, immigration agencies, and public offices.
The Brazilian authority may also request a sworn translation. Some procedures may require other specific information or supporting documents.
Before requesting the apostille, confirm the exact document required. Also check whether the document must be recent or contain specific information.
In some cases, the Brazilian authority may require the physical original.
How Oliveira Lawyers Can Help
The apostille process is often straightforward, but details matter. The correct procedure depends on the document, the issuing authority, and the destination country.
State documents usually go through the Secretary of State of the relevant state. Federal documents usually go through the U.S. Department of State.
The Hague Apostille helps people use public documents internationally. It also removes the need for consular legalization between member countries.
Still, each case requires careful review. Requirements may vary by document type, state, agency, and Brazilian authority.
If you need help determining whether your documents require an apostille, obtaining apostilles for use in Brazil, or preparing documents for Brazilian government agencies, contact Oliveira Lawyers to discuss how the firm can assist.