Can a Regular Notary Do an Apostille?
One of the most common misconceptions about apostilles is that a notary public can issue one. The short answer is no — a regular notary public cannot apostille a document. A notary public and an apostille authority serve completely different legal functions. Understanding the difference is critical to avoiding delays, rejections, and unnecessary costs when preparing documents for international use. This guide explains exactly what a notary does, what an apostille does, and who has the legal authority to issue each one.
Last reviewed: February 2026
Why People Confuse Notaries and Apostilles
- Both involve verifying signatures and seals on documents
- Notarization is often a required step BEFORE getting an apostille
- Some countries use the term 'notarized apostille' which creates confusion
- Notary offices sometimes advertise apostille services (which they outsource to the state)
- The apostille itself authenticates the notary's signature — creating a chain of verification
- Many people encounter both terms for the first time when preparing documents for international use
Common Mistakes About Notaries and Apostilles
- Assuming a notarized document is the same as an apostilled document — they are different
- Asking a notary to 'apostille' a document — they do not have this authority
- Skipping notarization when it's required — private documents must be notarized before apostille
- Using a notary from a different state than where you submit for apostille — they must match
- Believing a notarized document is sufficient for international use — foreign governments require an apostille
- Not verifying the notary's commission is current — expired commissions result in rejection
Apostille vs. Notarization
A notarization verifies a signer's identity. An apostille is a government certification that authenticates a document for international legal use. Foreign governments require apostilles — notarization alone is insufficient.
Top Reasons for Rejection
Hospital-issued birth certificates, photocopies, unsigned documents, and sending to the wrong state office are the most common causes of apostille rejections. Our free document review catches these issues before submission.
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What a Notary Public Does
A notary public is a state-commissioned official who witnesses signatures, administers oaths, and certifies copies. Their role is to verify the identity of the person signing a document and confirm the signing was voluntary. A notary does NOT have the authority to authenticate a document for international use.
What an Apostille Does
An apostille is a government-issued certificate that authenticates a document for use in foreign countries. It verifies that the signature, seal, or stamp on a document is genuine. Only a Secretary of State (for state documents) or the U.S. Department of State (for federal documents) can issue an apostille.
The Connection Between Them
For private documents (contracts, affidavits, powers of attorney), the document must first be notarized. Then the notarized document is submitted to the Secretary of State, which apostilles the document by verifying the notary's signature and commission — not the content of the document.
Who Can Issue an Apostille
In the United States, only three types of authorities can issue apostilles: (1) The Secretary of State in each state, for state-level documents; (2) The U.S. Department of State, for federal documents; (3) In some states, county clerks are authorized to apostille certain documents.
What to Do If a Notary Offers Apostille Services
Some notary businesses advertise 'apostille services' as a convenience. They are not issuing the apostille themselves — they are acting as a middleman, notarizing your document and then submitting it to the Secretary of State on your behalf. This is legitimate but may cost more than working with a dedicated apostille service.
State Considerations
Each state has its own Secretary of State office that processes apostilles. The notary who notarizes your document must be commissioned in the same state where you submit for apostille. For example, if your document is notarized by a California notary, the apostille must be obtained from the California Secretary of State — not from any other state.
View All 50 State PagesInternational Considerations
The apostille system was established by the Hague Convention of 1961. Over 120 countries accept apostilled documents. If your destination country is not a Hague Convention member, you may need full embassy or consulate legalization instead of an apostille. In either case, a regular notary cannot complete the international authentication process on their own.
View Country GuidesFrequently Asked Questions
Can a notary public issue an apostille?+
Do I need to notarize a document before getting an apostille?+
What is the difference between a notarized document and an apostilled document?+
Can I get a notarized and apostilled document at the same time?+
Why do some notaries advertise apostille services?+
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