What an apostille is, who issues it, and how it fits together with a certified translation.
Someone has told you: “You need an apostille.”
On which document? Issued by whom? And do you need a translation as well, or instead?
Almost every apostille question comes apart once you answer two smaller ones: where was the document issued, and where is it going? This guide walks through both.
Before 1961, a document crossing a border usually needed a chain of confirmations, ending at a consulate. The Hague Convention of 5 October 1961 replaced that chain with a single certificate, the apostille, for countries that have joined it.
The United States has applied the Convention since 15 October 1981. Ukraine has applied it since 22 December 2003.
The Convention is precise about what the certificate does. It certifies three things:
That is all. An apostille does not say the facts in the document are correct, and it does not say anything about a translation.
For a country that has not joined the Convention, the older consular legalization route still applies.
The country that issued the document issues the apostille.
So a Ukrainian birth certificate cannot be apostilled in Charlotte, in Columbia, or in Washington. No American office has the authority to confirm a Ukrainian registrar’s signature. The reverse is also true.
The same principle applies to documents issued in Russia, which has applied the Convention since 1992.
Ukraine divides apostilles among several authorities, according to the kind of document. Under the rules in force since 23 March 2023:
This is the detail that surprises people most.
Under those same rules, an original document issued by an institution of a Soviet republic is not accepted for an apostille in Ukraine. The stated exception is education documents and academic degrees issued in the Ukrainian SSR.
For a Soviet-era birth or marriage certificate, the usual route is a re-issued certificate from the Ukrainian civil registry, with the apostille placed on the new one. A certificate issued in a different Soviet republic is a matter for that country’s authorities.
Your old certificate is still your document. It simply cannot carry an apostille.
Originals of passports and other identity documents, military IDs, and labor books do not receive apostilles.
This is the direction LegalCertify works in most often: a document created here that an office in Ukraine needs to accept.
State-issued records. A certified copy of a birth, marriage, or death certificate goes to the Secretary of State of the state that issued it.
Signed documents. A power of attorney, a consent, or a sworn statement is first notarized by a commissioned Notary Public, and the Secretary of State then certifies that Notary Public’s signature. In South Carolina, the document must be notarized by a commissioned South Carolina Notary Public.
Two South Carolina details worth knowing. The Secretary of State certifies only documents headed to a foreign country, and asks which country. And a document in a foreign language must come with an English translation signed by the translator, with the translator’s signature notarized.
Notarization is performed by a commissioned Notary Public in the state your document requires. Olha is not a Notary Public; she arranges that step with one.
An apostille and a translation do different jobs. One confirms a signature. The other makes the document readable.
The apostille does not translate anything. A Ukrainian certificate with an apostille is still in Ukrainian.
The apostille is part of the document. When an apostilled document is translated, the apostille is translated with it, along with every stamp and seal.
The USCIS translation rule is about translation. 8 CFR 103.2(b)(3) asks for a full English translation and the translator’s certification. It does not mention apostilles. Whether a particular filing calls for anything beyond that is set out in the instructions for that filing, and it is not a question this guide answers.
The order matters. Some authorities want the apostille first and the translation second, so that the apostille is translated too. Ask the office receiving the document before you order either.
Whether you need an apostille is decided by the authority that will receive your document — a registry office, a court, a university, a consulate. Requirements differ between offices and change over time.
LegalCertify is not a law firm and cannot tell you what a particular authority will require or accept. Ask that office directly, in writing if you can.
No. An apostille is issued by the country that issued the document. A Ukrainian certificate is apostilled in Ukraine.
No. A Notary Public witnesses a signature. An apostille is the state confirming, for use abroad, that the official’s or the Notary Public’s signature and seal are genuine.
No. It certifies the signature, the capacity of the person who signed, and the seal. It says nothing about the content.
Under the rules in force in Ukraine since March 2023, originals issued by institutions of Soviet republics are not accepted for an apostille, apart from education documents of the Ukrainian SSR. The usual route is a re-issued certificate from the Ukrainian civil registry.
The rule, 8 CFR 103.2(b)(3), requires a full English translation with the translator’s certification and does not mention apostilles. What your own filing requires is a question for its instructions or for a licensed attorney.
No. Government offices issue them. LegalCertify assists with apostilles for documents issued or notarized in North Carolina and South Carolina, and provides the certified translation.
It depends on the office and the destination country. Olha confirms what to expect on your call.
Apostille assistance for documents issued or notarized in the Carolinas, and certified translations that are complete, include all stamps and seals, and carry a signed certification of accuracy.
LegalCertify is not a law firm and does not provide legal advice, legal representation, or legal equivalency. This guide explains document and translation requirements only. It is general information, not advice about your individual case. For legal questions about your immigration matter, consult a licensed attorney.
We know how stressful these situations can be, and we’re here to help. Initial calls are $175, applied toward your service if you move forward. If you need immediate assistance with immigration (USCIS) document translation services, apostille services, or document notary services, please call Olha directly at (980) 327-7269.