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Apostille, Notarization, or Certified Copy: Which One Do You Actually Need?

Three different things that people constantly mix up. What each one certifies, who issues it, and how to tell from the request which one the agency is asking for.

Someone tells you they need a "certified" or "official" copy of your document, and you end up guessing. Here's what each of these three things actually is, so you can tell from the request which one is being asked for.

Notarization certifies a signature

A notary public verifies that the person signing is who they claim to be, that they're signing willingly, and that they understand they're signing. Then the notary records it in a journal and attaches a certificate.

What it does not do: a notary does not certify that the contents of a document are true, that it's legally valid, or that it will accomplish what you want. A notarized lie is still a lie, it's just a lie with a verified signature.

Who issues it: any commissioned notary public. In California the fee for most notarial acts is capped by law at $15 per signature.

When you need it: documents you write and sign yourself. Powers of attorney, affidavits, consent letters, deeds, trust documents.

A certified copy comes from whoever issued the original

A certified copy is issued by the record's custodian. A county recorder, a state registrar, a court clerk. it carries their seal confirming it's a true copy of what's on file.

The critical point: in California, a notary generally cannot make a certified copy of a vital record. Only the issuing authority can. This trips people up constantly: they take a birth certificate to a notary, get the photocopy notarized, and discover it's worthless for the purpose they needed it for.

Who issues it: the county recorder, the California Department of Public Health, a court clerk, or the school or agency that created the record.

When you need it: birth, marriage, and death certificates, divorce decrees, court orders, academic records. Any time the underlying record was created by an agency rather than by you.

An apostille certifies the official who signed

An apostille is a certificate attached to a document that makes it recognizable in another country. It verifies that the signature, seal, or stamp on the document. The notary's, or the county registrar's, is genuine.

What it does not do: it doesn't say anything about whether the document's contents are true, and it doesn't work for every country. It only works between Hague Apostille Convention members.

Who issues it: the California Secretary of State for state and county documents, the U.S. Department of State for federal documents.

When you need it: any time a U.S. document is going to be used by a government, court, school, or employer in another Hague member country.

How they stack

These aren't alternatives to each other, they build on each other.

  • You sign a power of attorney → notarization → apostille (certifying the notary) → send abroad.
  • You need your birth certificate abroad → certified copy from the county → apostille (certifying the registrar) → send abroad.

Notice that the second chain has no notarization in it at all. Adding one doesn't help and doesn't make the document more official, it just costs you a step.

Reading the request

If the request says…They almost certainly want…
"Notarized copy" of a birth certificateA certified copy from the county. This phrasing is common and technically incorrect
"Official" or "long form" birth certificateA certified copy from the issuing authority
"Apostilled" or "legalized" documentAn apostille, or consular legalization if the country isn't a Hague member
"Sworn" statement or affidavitNotarization with a jurat. You'll be placed under oath
"Acknowledged" signatureNotarization with an acknowledgment. No oath

When you're not sure

Ask the agency requesting it. They know what they'll accept, and getting it in writing from them beats guessing. If you can't get a straight answer, bring the document and the request to me. Working out which of these three you need takes a few minutes and it's free.

A reminder about what I can tell you. I am not an attorney licensed to practice law in the State of California, and I may not give legal advice about immigration or any other legal matter, or accept fees for legal advice. I cannot explain or interpret the contents of any document, instruct you on how to complete a document, or direct you on the advisability of signing a particular document.

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Related questions

Can a notary certify a copy of my passport?

California notaries can certify copies of a power of attorney and can perform copy certification by document custodian in limited circumstances, but not of vital records. For a passport copy, most agencies will accept a certified copy from the issuing agency or a specific form of attestation. Ask what they'll take before assuming.

Do I need both a notarization and an apostille?

Only if the document is one you signed yourself. Vital records go straight from certified copy to apostille. A notarization in the middle adds nothing.

What's the difference between a jurat and an acknowledgment?

With a jurat you sign in front of the notary and swear the contents are true. With an acknowledgment you confirm the signature is yours, and nothing is sworn about the contents. The document itself tells you which it needs. if it doesn't, the agency requesting it has to, because a notary can't choose for you.

Next step

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