An apostille is a certificate that verifies the authenticity of a signature, seal, or stamp on a public document, allowing it to be recognized in another country that participates in the Hague Apostille Convention. Because the apostille process focuses on the document itself rather than the identity of the person submitting it, there is generally no legal requirement that the document holder personally appear to request it.
Why Third-Party Submission Is Commonly Allowed
Most apostille-issuing authorities, typically a Secretary of State’s office or a similar national agency, process requests submitted by mail, courier, or in person by someone other than the document holder. Since the underlying document has already been notarized or issued by an official record-keeper, the apostille authority is verifying institutional credentials rather than confirming who is standing in front of them, which is why third-party submission is widely accepted.
Who Commonly Handles This on Someone Else’s Behalf
Family Members and Friends
It is common for a family member or friend to submit apostille paperwork for someone who is unable to do so themselves, whether due to distance, time constraints, or being located in another country entirely. As long as the required documents and fees are included, most authorities do not ask for proof of the requester’s relationship to the document holder.
Attorneys and Legal Representatives
Attorneys frequently handle apostille requests as part of broader legal work, particularly in cases involving international adoption, business transactions, or estate matters. Their involvement can add a layer of procedural reliability, since they are typically familiar with the specific documentation each state or agency requires.
Apostille and Authentication Service Companies
Specialized service companies exist specifically to manage the apostille process on behalf of clients, handling everything from submission to return delivery. These companies are particularly useful for people who live far from the relevant Secretary of State office or who need documents processed on a tight timeline.
What the Authorized Person Typically Needs
The Original or Certified Document
Whoever submits the request generally needs the original notarized or certified document, since the apostille is physically attached to it. A photocopy is usually not sufficient, as the apostille must be affixed to the actual document being authenticated.
Payment for Applicable Fees
The submitting party needs to cover whatever fee the issuing authority charges, which varies by state or country. Some offices require exact payment methods, such as a check or money order, so confirming accepted payment types in advance avoids processing delays.
A Completed Request Form or Cover Letter
Many apostille authorities require a request form or cover letter specifying the destination country and a return mailing address. This form typically does not need to be signed by the document holder themselves, only by the person submitting the request.
When a Power of Attorney May Be Needed
Situations Requiring Additional Authorization
While most apostille requests do not require formal authorization from the document holder, certain sensitive documents or specific state requirements may call for a power of attorney or notarized authorization letter, particularly when a third party is requesting an apostille for something like a corporate document on behalf of a company. Checking the specific requirements of the issuing authority beforehand helps avoid unnecessary delays.
