What is the Hague Apostille and what is it for?

What is the Hague Apostille?

The Hague Apostille certifies the authenticity of certain public documents so that they can be recognized in another country that is also party to the Hague Convention of 5 October 1961.

Its main purpose is to replace the traditional diplomatic legalization procedure with a much simpler process.

The apostille certifies the authenticity of the signature on the document, the capacity in which the person who signed it acted and, where applicable, the identity of the seal or stamp on the document, although it does not certify that the content of the document is true.

What is an Apostille for?

The apostille allows a public document issued in one country to be presented to the authorities of another country that is party to the Hague Convention.

Similarly, a Spanish public document may need to be apostilled for use in another country, that is, the apostille officially certifies the origin and formal authenticity of a foreign public document.

What documents can bear a Hague Apostille?

Documents that may require an apostille (depending on the destination country and type of procedure) include:

• Birth certificates.
• Marriage certificates.
• Death certificates.
• Criminal record certificates.
• Divorce certificates.
• Academic degrees and certificates.
• Powers of attorney.
• Notarial documents.
• Certain court documents.
• Other public documents issued by administrative or judicial authorities.

Not all documents require an apostille and requirements may vary depending on the country of origin, the country where the document is to be presented and the type of procedure.

Who can apostille a document?

The apostille must be issued by the competent authority of the country that issued the document.

For example, if a certificate has been issued in the United Kingdom and must be presented in Spain, the apostille must be obtained from the competent authority in the United Kingdom, not Spain, and vice versa.

Therefore, a sworn translation does not replace the apostille and a sworn translator is not normally the person who issues the apostille, which are terms that are frequently confused and involve different procedures.

Are apostille and sworn translation the same thing?

This is one of the most common questions and where clients often get confused. As we mentioned earlier, the apostille certifies the formal authenticity of the document, while the sworn translation allows the content of the document to be presented in another language with a translation carried out and certified by a sworn translator.

Does the apostille also need to be translated?

Generally, yes, so that it forms part of the sworn translation of the complete document.