How to Get an Apostille in New York: A Complete Step-by-Step Guide

If you need to use a New York document overseas—for immigration, marriage, employment, education, business, or property matters—you will often be required to obtain an apostille. New York’s process is slightly more involved than in many other states, so understanding the steps in advance can save time and frustration.

This guide explains what an apostille is, when you need one, and exactly how to obtain an apostille in New York.

What Is an Apostille?

An apostille is an authentication certificate issued under the Hague Apostille Convention. It verifies that the signature, seal, or stamp on a public document is genuine, allowing that document to be legally recognised in another Hague Convention country.

If the destination country is not a Hague Convention member, the document must instead undergo consular legalisation, which is a different process.

Who Issues Apostilles in New York?

In New York, apostilles are issued by the New York Department of State (NYDOS).

However—and this is critical—most notarised documents must first be authenticated by a New York County Clerk before they can be apostilled by the Department of State.

Common Documents Apostilled in New York

You may need an apostille for:

Birth, marriage, and death certificates
Divorce judgments and court orders
FBI background checks (once properly notarised or certified)
University diplomas and transcripts
Powers of attorney
Affidavits and statutory declarations
Corporate documents (Certificates of Incorporation, Certificates of Status)

Step 1: Confirm the Destination Country

Before starting, confirm whether the country where the document will be used is a Hague Apostille Convention country.

Hague country → Apostille required
Non-Hague country → Consular legalisation required

An apostille is not valid for non-Hague countries, so this step is essential.

Step 2: Prepare the Document Correctly

New York Public Records

Documents such as birth or marriage certificates must be:

Certified copies issued by the New York State Department of Health or a New York City / county registrar
Signed by an official whose signature is already on file with the Department of State

Photocopies are not accepted.

Notarised Documents (Most Private Documents)

Private documents—such as affidavits or powers of attorney—must be:

Notarised by a New York Notary Public
Executed with correct New York–compliant notarial wording

Step 3: County Clerk Authentication (Unique to New York)

This step applies to most notarised documents.

Before the Department of State can issue an apostille, the notarised document must be authenticated by the County Clerk in the county where the notary is commissioned.

The County Clerk will:

Verify the notary’s commission
Attach a Certificate of Authentication

⚠️ Skipping this step is the most common reason New York apostille applications are rejected.

Note: Documents already signed by certain state officials may not require county authentication, but most notarised documents do.

Step 4: Submit the Apostille Request to the Department of State

Once the County Clerk authentication is complete, submit the document to the Department of State.

Submission Options

1. By Mail (Most Common)

Mail the following to NYDOS:

The authenticated document
A completed Apostille / Certificate of Authentication Request Form
Payment
A self-addressed prepaid return envelope

2. In Person (Limited Availability)

In-person submissions may be accepted in Albany or New York City, but:

Appointments are often required
Same-day service is not guaranteed

Always check current office procedures before attending in person.

Step 5: Pay the Fees

As at the time of writing, New York charges:

USD $10 per apostille (Department of State fee)

Additional fees include:

County Clerk authentication fees (typically USD $3–$10 per document, depending on the county)
Courier or mailing costs
Professional service fees, if used

Step 6: Receive and Use the Apostilled Document

Once issued, the apostille is:

Attached to the document, or
Issued as a separate certificate referencing it

The document can then be used directly in the destination Hague Convention country without further authentication.

Common Mistakes to Avoid

Forgetting County Clerk authentication
Using a notary commissioned outside New York
Submitting uncertified copies of public records
Incorrect or incomplete notarial wording
Assuming an apostille works for non-Hague countries
Laminating documents (this invalidates them)

Does a New York Apostille Expire?

An apostille itself does not expire, but:

The underlying document may have a limited validity period (e.g. police checks)
Some countries impose their own acceptance timeframes

Always check the requirements of the receiving authority.

New York Apostilles