Notary Law May 20268 min read

NY Apostille vs Authentication: Which Do You Need?

When a document needs to be used in another country, you need either an apostille or full authentication/legalization. The right process depends on which country will receive the document. Here is how to tell them apart and which applies to your situation.

The One Question That Decides Everything

Is the destination country a member of the Hague Apostille Convention?

YES - Hague Convention Member

Use an apostille from the NY Secretary of State. $10 fee. 2-4 weeks by mail or same/next day in person.

NO - Not a Hague Member

Use full authentication/legalization chain: NY DOS, then U.S. State Department, then destination country embassy. Weeks-long process.

Verify current Hague membership at hcch.net

Apostille Process in New York

If the destination country is a Hague Convention member, you need an apostille from the NY Secretary of State.

1

Have the document notarized by a commissioned NY notary (if it is a private document like a power of attorney or affidavit).

2

Take the notarized document to the County Clerk of the county where the notary is commissioned for authentication of the notary's signature.

3

Submit the county-authenticated document to the NY Secretary of State with the $10 apostille fee.

4

The DOS attaches the apostille. The document is now valid for use in any Hague Convention country.

Authentication/Legalization Process for Non-Hague Countries

If the destination country is NOT in the Hague Convention, the process has more steps and takes longer.

1

Have the document notarized by a commissioned NY notary.

2

NY County Clerk authenticates the notary's signature.

3

NY Secretary of State authenticates the County Clerk's signature.

4

U.S. State Department in Washington, D.C. authenticates the NY Secretary of State's signature.

5

The embassy or consulate of the destination country in the U.S. legalizes the document. This is the final step and makes it valid in that country.

Cost and Time Comparison

FactorApostilleAuthentication
Applicable countriesHague Convention (120+ countries)Non-Hague countries
NY DOS fee$10 per apostille$10 per authentication
Total government fees$15 ($2 notary + $3 county clerk + $10 DOS)$33 + embassy fees ($3 county + $10 DOS + $20 U.S. State Dept)
Time (mail)2-4 weeks4-8+ weeks
Time (expedited)Same/next day at NYC DOS office1-3 weeks (rush fees)
ComplexityModerateHigh

Frequently Asked Questions

An apostille is used for countries that are members of the Hague Apostille Convention (120+ countries). Authentication/certification (sometimes called legalization or the embassy chain) is used for countries that are NOT Hague Convention members. Both achieve the same purpose - making a document usable internationally - but through different processes.
Check the Hague Conference on Private International Law website at hcch.net - they maintain the current list of Hague Convention member countries. If the destination country is on the list, you need an apostille. If it is not, you need the full authentication/legalization process.
As of 2026, notable non-Hague countries include some nations in Asia, the Middle East, and Africa. The list changes as countries join the convention - always verify current membership at hcch.net rather than relying on outdated lists.
The apostille process is generally cheaper and faster. An NY apostille costs $10 at the DOS. The full authentication/legalization process involves multiple agencies (DOS, U.S. State Department, foreign embassy) and costs $33 in U.S. government fees ($3 county clerk, $10 NY DOS, $20 U.S. State Department) plus the destination country's embassy fees, with processing times of several weeks.
No. Countries outside the Hague Convention do not recognize apostilles. Using an apostille for a non-Hague country will result in rejection. You must use the full authentication/legalization chain for non-Hague countries.
NYN
New York Notary HubEditorial Team

Independent educational resource · Not affiliated with the NY Department of State

NY Notary Hub is an independent educational resource for New York notaries and exam candidates. Our articles are researched from the official NY Department of State Notary Public License Law booklet and DOS guidance. This content is educational and is not legal advice.

Last reviewed: May 2026. Sources: NY DOS Apostille page and the Hague Conference on Private International Law.