An apostille is a standardized certificate that confirms a California public document is authentic for use in another country. California apostilles are not issued online, so you must submit the original paper document by mail, in person, or through a runner or service.
Mail requests are processed in Sacramento only. In-person submissions can be done in Sacramento or Los Angeles, and you can send someone to drop off the documents on your behalf.
The fee is $20 per apostille by mail (no $6 special handling). For in-person submissions, the fee is $20 per apostille plus a $6 special handling fee for each different public official signature being authenticated.
You finalized your divorce in California. Now you are being asked to prove it in a court in Italy, or perhaps you are establishing dual citizenship for your child in Spain. Maybe you are widowed and dealing with an inheritance claim abroad, and the foreign bank is demanding proof of your late spouse’s death registered in California.
So how do you provide that proof? The answer lies in something called an apostille.
This guide walks you through the when, what, and how of obtaining a California apostille for family law documents, tailored to 2025-2026 requirements.
We will break down who issues what, which documents qualify, how to avoid costly mistakes, and what international authorities really look for.
What Is an Apostille?
An apostille is a standardized international certificate that confirms a public document issued in one country is authentic and can be legally accepted in another. It does not validate the contents of the document or the legal outcome.
Instead, it verifies that the person who signed or sealed the document, such as a court clerk or notary, was authorized to do so under California law at the time it was issued.
In California, only the Secretary of State has the legal authority to issue apostilles. No court, attorney, or notary can issue one. And while notarization may be part of the process, it is not a substitute for an apostille.
The need for an apostille comes from the Hague Apostille Convention of 1961, an international treaty created to simplify how countries recognize each other’s public documents. Before the treaty, international document legalization required multiple layers of certification, often ending with embassy or consulate approval. This system was complex, inconsistent, and costly.
The apostille system replaced that with a single certificate, issued by a designated authority in the country where the document originated. For California documents, that’s the Secretary of State in Sacramento or Los Angeles.
Today, more than 120 countries are party to the Hague Apostille Convention and accept apostilles in place of full diplomatic legalization.
What Kind of Family Law Situations Require an Apostille?
If you’re presenting a California divorce judgment, custody order, birth certificate, or marriage record to a foreign court, registrar, or government agency in a Hague Apostille Convention country, that authority will usually require an apostille.
It is a common way for them to accept your document as authentic, especially in Hague Convention countries, although some authorities may use other legalization procedures or have additional requirements.
This comes up often in international family law matters. A few examples:
- Divorce Judgment: For remarrying abroad, where the civil registrar needs proof that your prior marriage was legally dissolved in California.
- Custody Order: When relocating a child internationally or enforcing rights abroad, you may need an apostilled custody or parenting order.
- Marriage Certificate: Used to prove marital status for benefits, immigration, or inheritance in another country.
- Birth Certificate: Needed for dual citizenship, foreign passport applications, or consular registration of a U.S.-born child.
- Death Certificate: Required to confirm spousal or heir status in overseas estate or pension proceedings.
- Notarized Affidavits: Includes parental travel consent, single status declarations, or custody statements (must be notarized in California).
- Hague Abduction Case Documents: Apostilled custody orders may be required to assert or defend custody rights in cross-border child abduction cases.
The document must originate from California to be apostilled by the California Secretary of State. For example, a Florida birth certificate or a Nevada divorce decree requires a separate process from those respective states.
How to Get an Apostille in California: Step-by-Step
Step 1: Document Eligibility Requirements for California Apostilles
To be accepted for an apostille, your document must meet one of the following legal conditions:
- It is an original certified document issued by a California public official whose signature is on file with the Secretary of State, such as:
- A Superior Court Clerk
- A County Recorder
- The State Registrar of Vital Records
- It is a document that has been notarized in California by a commissioned notary public, using complete and compliant California notarial language.
Photocopies and scanned documents are not accepted; the Secretary of State requires an original, notarized, and/or certified document, and a photocopy is not acceptable.
Step 2: Obtain the Correct Certified or Notarized Document
Once you know your document type is eligible, the next step is obtaining the correct version in a form that the Secretary of State can apostille.
Divorce judgments, custody orders, and support rulings must be requested as certified copies from the superior court that issued them. Don’t rely on emailed PDFs or conformed copies.
Vital records (marriage, birth, death) must come from the county recorder’s office or the California Department of Public Health – Vital Records. Unofficial summaries or hospital-issued forms don’t qualify.
For affidavits (e.g., single status declarations, parental consents), you must sign in front of a California notary public. The notary must use correct language and include the seal, venue, date, and certificate wording exactly as required under California law.
Step 3: Determine Whether You Need a County Clerk Certification First
Not all public officials’ signatures are immediately recognized by the Secretary of State.
For California birth and death certificates, the Secretary of State can apostille signatures from county clerks (and deputies), county recorders (and deputies), and the State Registrar.
If your birth or death certificate is signed by a health officer or another official that the Secretary of State cannot verify, your request may be returned, and you may need a newly issued certified copy from the county recorder or the State Registrar before you submit again.
If you are unsure whether your specific certificate will be accepted, check the Secretary of State apostille FAQ guidance for which signatures are eligible before you mail anything.
Step 4: Prepare Your Apostille Submission Packet
Whether you plan to submit in person or by mail, every apostille request must include:
- The original certified or notarized document (no copies unless certified by the court or public official)
- A completed Apostille Request Cover Sheet, available at sos.ca.gov
- The appropriate fee:
- By mail: $20 per apostille.
- In person (Sacramento or Los Angeles): $20 per apostille, plus a $6 special handling fee for each different public official’s signature being authenticated.
- A self-addressed, prepaid return envelope if submitting by mail (USPS, FedEx, UPS tracking is strongly recommended)
If you submit multiple documents signed by different officials, the $6 special handling fee can apply more than once for in-person submissions. The Secretary of State provides examples showing how that math works.
Include payment by check, money order, or credit card in the forms currently accepted by the Secretary of State (checks and money orders must be payable to “Secretary of State”).
Step 5: Submit Your Apostille Request
You can choose one of three submission methods, depending on your timeline and location:
In Person
Same-day service is available in Sacramento and Los Angeles:
- Sacramento Office:
1500 11th Street, Sacramento, CA 95814 - Los Angeles Office:
300 South Spring Street, Room 12513, Los Angeles, CA 90013
Los Angeles is first-come, first-served with no appointments, and it does not accept mail requests. No cash is accepted for apostille fees; payment must follow the current Secretary of State instructions.
You can send someone on your behalf. The California Secretary of State allows any individual to request an apostille in person for someone else, and the requester does not need to be related to anyone named in the document. Your documents and payment must be included.
By Mail
Mail apostille requests are processed in Sacramento. Mail your completed packet to:
If you mail via USPS:
Notary Public Section
P.O. Box 942877
Sacramento, CA 94277-0001
If you mail via FedEx, UPS, DHL, or another courier:
Notary Public Section
1500 11th Street, 2nd Floor
Sacramento, CA 95814
Mail requests are processed in the order they are received. Use tracked shipping both ways when documents are time-sensitive.
Use a tracked envelope for both sending and return, and always include a check or money order made out to “Secretary of State.” (Or use another payment method the Secretary of State currently accepts, such as Visa or Mastercard, if permitted by the request form.)
Via an Apostille Service or Runner
If you’re overseas, short on time, or handling multiple documents from different agencies, a California apostille service can save you substantial hassle.
Professional apostille runners manage the process from start to finish. They review your documents to confirm they qualify for a California apostille, take care of any required county clerk certifications, and arrange proper notarization for affidavits when needed.
Once everything is in order, they submit the documents to the California Secretary of State, retrieve the completed apostilles, and then send the finalized packet to you or directly to the destination country by mail or courier.
Many attorneys handling international custody, relocation, or probate use this route to avoid bureaucratic snags.
Apostille Pop-Up Shops (when you cannot get to Sacramento or Los Angeles)
The California Secretary of State also holds Apostille Pop-Up Shop events in select communities. This can be an easier option for in-person drop-off if you are not near the Sacramento or Los Angeles offices.
Common Reasons Apostille Requests Are Denied And How to Avoid Them
Knowing what to submit is only half the battle. Even qualified documents can be rejected if they fail these critical tests:
- Court judgments submitted as conformed copies instead of certified copies. If your document doesn’t bear the court’s embossed seal and original clerk’s signature, it won’t pass.
- Vital records ordered from unofficial vendors. Only certified copies from a California county recorder or CDPH will be accepted.
- Affidavits notarized with incorrect or incomplete notarial language. California has strict rules. Missing the venue, date, or certificate wording, even a formatting issue, will get your apostille rejected.
- Older certificates with hard-to-read signatures may be returned if the Secretary of State can’t verify the public official’s signature. If in doubt, request a fresh certified copy.
When the Apostille Isn’t Enough: Destination Country Requirements
- Certified translation: Some courts and registries require a certified translation. California does not provide translation services, so you must arrange that separately if required.
- Recency rules: Some registries or consulates require certified copies issued within a recent window (often a few months), even if California would accept an older certified copy.
- Document format: Some authorities want the full court judgment or a specific long-form certificate rather than an abstract or summary.
The apostille confirms the authenticity of the signature and seal, but it does not guarantee the receiving authority will accept that document format for that purpose. Always confirm the receiving authority’s checklist before you submit.
What Does a California Apostille Look Like?
The apostille is a separate certificate attached to your document, typically stapled to the front or back. It includes:
- The red California state seal
- The name of the official who signed the original document
- A unique serial number
- The destination country listed
Do not remove the staples or separate the apostille from the underlying document. Some receiving authorities treat that as tampering and may reject the packet.
Also note: the Secretary of State requires you to state the destination country on the cover sheet. Use the country where you intend to present the document, and if your plans change, confirm with the receiving authority whether they will accept the existing apostille or want a newly issued one.
Authentication for Non-Hague Countries
If the destination country is not part of the Hague Apostille Convention, an apostille won’t be enough, or accepted at all. Instead, you’ll likely need a more complex process called authentication and consular legalization.
That usually means:
- Getting your California document properly certified or notarized,
- Having it authenticated by the California Secretary of State, and
- Then taking it to the destination country’s consulate or embassy for legalization.
Before spending time or money, check with the foreign court or consulate to confirm exactly what they require for California documents. Requirements vary by country, and getting it wrong can delay everything.
FAQ: Apostille California Family Law Documents
Can a notary issue an apostille in California?
No. A notary can notarize a signature when notarization is needed, but the apostille itself is issued by the California Secretary of State. If someone tells you a notary can “issue” an apostille, they are mixing up notarization with the separate state authentication step.
What is an apostille for a birth certificate?
It is a certificate issued by the California Secretary of State that authenticates the signature of the public official on a certified California birth certificate, so it can be accepted in another country. It does not change the birth record or prove citizenship on its own.
Where to apostille a document?
For California documents, you submit them to the California Secretary of State. You can go in person (Sacramento or Los Angeles) for same-day service, submit by mail to Sacramento, or use a runner/service. Los Angeles does not accept mail submissions.
How long is an apostille valid?
Apostilles do not have a built-in expiration date. In real life, what can expire is the receiving authority’s willingness to accept an older underlying document, or their rule that a certificate must be recently issued. Always check the receiving authority’s recency rules.
How much does an apostille cost?
In California, the base fee is $20 per apostille. If you submit in person, there is also a $6 special handling fee for each different public official’s signature being authenticated. Mail submissions do not have the $6 special handling fee.
How long does it take to get a document apostilled in California?
It depends on the submission method and current volume. In-person submissions in Sacramento and Los Angeles are same-day. For mail, the best way to estimate timing is to check the Secretary of State “Current Processing Dates” page, which lists the mail receive-date they are currently working on.
Can I process an apostille online?
Not in California. The Secretary of State must attach the apostille to the original certified or notarized document, so you have to submit the paper document by mail, in person, or through a runner/service.
