How to Get an Apostille in Massachusetts

The short answer

In Massachusetts, apostilles are issued by the Commissions Section of the Secretary of the Commonwealth, at One Ashburton Place in Boston. The office only authenticates an original signature of a Massachusetts official: a notary public, a justice of the peace, a city or town clerk, a court clerk or the Registrar of Vital Records. So the real work happens before the apostille: getting your document into a form the state will accept. This guide explains how the process works, what the office will and will not certify, and where most requests go wrong.

What an apostille is, and what it is not

An apostille is a certificate, issued under the 1961 Hague Apostille Convention, that authenticates the signature and seal of the official on a public document so it can be used in another member country. It does not certify that the content of the document is true, and it is not a translation. It is also different from a notarization: the notary confirms who signed a document, and the apostille confirms the notary's, or other official's, authority. Many documents need both, in that order. See Apostille vs. Notarization.

Step 1: Confirm which office issues your apostille

Every apostille comes from the government that issued, or notarized, the document. Massachusetts can only apostille Massachusetts documents.

If your documents come from several places, each goes to its own office. See Apostilles From Any U.S. State and Federal Document Apostille.

Step 2: Get the document into an acceptable form

The Secretary of the Commonwealth cannot certify photocopied signatures, and a notarized photocopy of a public record, such as a birth certificate, a certificate of good standing or an FBI check, is not a substitute for a certified copy from the issuing office. What it needs depends on the document:

• Vital records: a certified copy issued by the city or town clerk or the Registry of Vital Records. See Birth Certificate Apostille.
• Documents you sign: a power of attorney, affidavit or declaration signed in front of a Massachusetts notary, with a complete notarial certificate. See Massachusetts Notarial Acts Guide.
• School records: the registrar certifies the diploma or transcript in front of a notary. Out-of-state school records cannot be certified in Massachusetts. See Diplomas and Transcripts.
• Court records: a copy certified by the clerk of the court that issued it. See Court Records.
• Company records: a certificate or certified copy issued by the Corporations Division. See Corporate Documents.

Step 3: Apostille or certification?

You must name the destination country on your request, because the office issues different certificates for different countries. Countries in the Hague Apostille Convention receive an apostille. Countries outside the Convention, such as the United Arab Emirates, Qatar and Kuwait, receive a Massachusetts certification instead, followed by U.S. Department of State authentication and embassy legalization. See Apostille, Authentication or Legalization?.

Step 4: Submit the request

Requests are made with the state's Apostille/Certification Request Form, a per-document state fee and your return instructions. The Boston office serves walk-in customers on weekdays: up to three documents are usually completed at the counter, larger orders are ready the following business day, and documents left late in the day are returned the next business day. Requests sent by mail generally take two to three weeks, plus mailing time in both directions. The state also has regional offices in Springfield and Fall River.

Common Massachusetts documents and how each is prepared

For countries outside the Convention

If your destination is not a member of the Apostille Convention, the Massachusetts certification is only the first step. The document then goes to the U.S. Department of State for federal authentication, and finally to the destination country's embassy or consulate for legalization. Each embassy sets its own fees, forms and processing times, and some require translations or additional company documents. For the United Arab Emirates, a consolidated digital process now covers both the U.S. legalization and the UAE attestation. See Document Authentication and UAE Attestation.

A checklist before you file

• Public records are certified copies from the issuing office, not notarized photocopies.
• It carries the original signature of a Massachusetts notary, clerk, court clerk or the Registrar of Vital Records.
• Any notarial certificate is complete: venue, date, signer's name, notary's signature, seal and commission expiration.
• You know the destination country, and whether it needs an apostille or a certification.
• You have checked whether the receiving office wants the document issued recently, translated, or both.
• Nothing is stapled, separated or altered after notarization or certification.

Special situations

• Delaware companies. Delaware corporate documents are apostilled by Delaware, even when the company operates in Massachusetts. See Delaware Apostilles.
• Several documents for one country. Each document receives its own apostille, issued for the country you name.
• Documents signed abroad. A document notarized outside the United States cannot be apostilled in Massachusetts. It is authenticated in the country where it was signed.
• Hospital and bedside signings. A power of attorney or affidavit signed at a hospital can be apostilled like any other notarized document, provided the notarization is complete. See Hospital & Bedside Notary.
• Translations. A translation is usually apostilled only when its certification is notarized, and only when the destination requires it. See Certified Translation.

How long does it take?

The apostille itself can be fast. The time usually goes into the steps around it: ordering a new certified record, waiting for a registrar, arranging a notarization or mailing documents to and from the state. See How Long Does a Massachusetts Apostille Take?.

Mistakes that get requests refused

• Notarized photocopies of public records. A birth certificate, FBI check or certificate of good standing needs a certified copy from the issuing office, not a notarized photocopy.
• Federal or out-of-state documents. Massachusetts cannot apostille them. They go to the U.S. Department of State or the issuing state.
• An incomplete notarial certificate. A missing date, venue, seal or commission expiration can cause a rejection.
• No destination country. The office needs the country to issue the right certificate.
• Old or abstract certificates. Many countries want a recently issued, full certified copy.
• Out-of-state diplomas notarized in Massachusetts. School records are certified in the state where the school is located.

When it makes sense to have us handle it

Many people can complete a single, simple apostille on their own. Our clients usually come to us when the stakes or the complexity are higher: a deadline that cannot slip, records from several states, a federal document, a non-Hague country that needs embassy legalization, a translation requirement, or a company that needs a complete packet prepared correctly the first time. We review your documents before anything is filed, notarize with you anywhere in Greater Boston, file in person in Boston, coordinate every other office and ship the finished documents worldwide with tracking. See Apostille Services in Boston.