Understanding Texas Apostille Requirements

Types of Documents That Require a Texas Apostille

If you need to use a Texas-issued document overseas, you may be required to obtain a Texas apostille to ensure the document is legally recognised in another country. Apostilles confirm the authenticity of the signature, seal, or stamp on a public document for international use under the Hague Apostille Convention.

This article explains which types of documents typically require a Texas apostille, and how they are classified.


What Is a Texas Apostille?

A Texas apostille is an official certificate issued by the Texas Secretary of State. It certifies that a Texas public document is genuine so it can be accepted in another Hague Convention country.

If the destination country is not a Hague member, the document will instead require authentication, followed by consular or embassy legalisation.


1. Vital Records

Vital records are among the most commonly apostilled documents in Texas. These documents must be official certified copies issued by the appropriate authority.

Common examples include:

  • Birth certificates
  • Marriage certificates
  • Divorce decrees
  • Death certificates

Vital records are often apostilled for:

  • Dual citizenship applications
  • Marriage overseas
  • Immigration or visa applications
  • Inheritance and probate matters

2. Educational Documents

Texas-issued educational documents frequently require apostilles for study or employment abroad.

These include:

  • High school diplomas
  • University degrees
  • Academic transcripts
  • Letters of enrollment or graduation

Educational documents are usually notarised first (if not issued as certified records) before being apostilled.


3. Personal and Civil Documents

Many personal documents executed in Texas must be notarised before they can receive an apostille.

Common examples:

  • Affidavits
  • Powers of attorney
  • Statutory declarations
  • Name change declarations
  • Single status or marital status affidavits

These documents are often used for:

  • Property transactions overseas
  • Marriage registration abroad
  • Financial or legal matters in another country

4. Business and Corporate Documents

Texas apostilles are frequently required for international business and commercial transactions.

Typical business documents include:

  • Certificates of incorporation or formation
  • Certificates of good standing
  • Articles of association or bylaws
  • Board resolutions
  • Commercial contracts
  • Trademark or intellectual property filings

Many foreign jurisdictions require apostilled business documents before allowing companies to operate, open bank accounts, or enter into binding agreements.


5. Court and Legal Documents

Certain legal documents issued by Texas courts may require an apostille for use abroad.

Examples include:

  • Court judgments and orders
  • Adoption papers
  • Probate documents
  • Certified copies of court filings

Court documents must be certified by the clerk of court before they can be apostilled.


6. Notarised Documents

Any document notarised by a Texas notary public may be eligible for a Texas apostille, provided the notary’s commission is active and properly recorded.

Examples:

  • Consent letters
  • Financial declarations
  • Employment verification letters
  • Residency declarations

The apostille certifies the notary’s signature and authority, not the content of the document.


7. Government-Issued Documents

Documents issued by Texas state agencies may also require apostilles.

Examples include:

  • Driver record abstracts
  • Professional licence verifications
  • Criminal history summaries issued by Texas authorities

Each document must be issued or certified by the appropriate state office before submission.


Documents That Cannot Receive a Texas Apostille

Some documents are not eligible for a Texas apostille, including:

  • Federal documents (these require authentication by the U.S. Department of State)
  • Uncertified photocopies
  • Documents issued in another U.S. state
  • Documents with incomplete or invalid notarisation

Apostille vs Authentication in Texas

  • Apostille: Used when the destination country is a Hague Convention member
  • Authentication: Used for non-Hague countries and usually followed by embassy legalisation

Choosing the wrong process can result in rejection overseas.


Practical Tips

  • Confirm the destination country’s requirements before applying
  • Ensure documents are properly certified or notarised
  • Avoid laminating documents before apostilling
  • Use professional assistance if documents are time-sensitive or complex