How to get an apostilleApostille for Documents Used in China

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Read this first: ① Since November 7, 2023, U.S. documents for use in mainland China generally need only an apostille and no longer require consular legalization by the Chinese embassy or consulates in the U.S. ② An apostille is issued by the competent authority of the state where the document was issued or notarized: for a document notarized in Illinois, go to the Illinois Secretary of State; you cannot have it done in another state. For federal documents such as FBI records, go to the U.S. Department of State. ③ An apostille certifies only that the signature, the signer’s capacity and the seal are genuine; it does not certify the contents of the document. ④ If a document is only notarized and not apostilled, the Chinese receiving party usually will not accept it. ⑤ Whether the document is accepted, what format is required and whether a Chinese translation is needed are decided by the Chinese receiving party; ask before you start.

People living in the United States often need to send documents signed or obtained in the U.S. to China: powers of attorney authorizing relatives to sell a home, handle an inheritance or withdraw funds; declarations of various kinds; birth or marriage certificates; criminal background checks; academic records and company documents. In the past these documents had to go through three steps: “notarization, Secretary of State authentication, and authentication by the Chinese embassy or consulates in the U.S.” Since China joined the Hague Convention, the last step has been eliminated and the process is significantly simpler.

This article explains what an apostille is, what changed after China joined the convention, and which authority handles apostilles in each state, and walks through the steps using the example of “notarizing a power of attorney in Illinois and sending it to China.”

What is an apostille?

An apostille (formally a certificate called an “Apostille”) comes from the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents concluded on October 5, 1961 (the Hague Apostille Convention). Between parties to the convention, once a public document has an apostille attached by the competent authority designated by the country that issued it, the document can be used in another party without consular legalization by an embassy or consulate.

It is especially important to understand what an apostille certifies and what it does not:

It certifies: the authenticity of the signature on the document, the capacity in which the signer acted (for example, as a particular county clerk or a particular notary), and the authenticity of the seal on the document;
It does not certify: whether the contents of the document are true or lawful. As explained by China’s Ministry of Foreign Affairs, an apostille certifies only that the last seal and signature on the public document are genuine and does not vouch for the truth or lawfulness of the contents of the public document itself; whether the document is recognized in the country of use, and what effect it has, are determined by that country’s law.

Likewise, a notary’s notarization certifies only the signer’s identity and the act of signing, not the contents of the document. So even with an apostille attached, a power of attorney whose contents do not meet the Chinese receiving party’s requirements may still be rejected. See How notarization works in the U.S.

What changed after China joined the convention

According to an announcement by China’s Ministry of Foreign Affairs on October 23, 2023, the convention entered into force for China on November 7, 2023. Since then, public documents from other contracting states for use in mainland China need only an apostille from that state and no longer require consular legalization by the Chinese embassy or consulates in that state. The United States is a party to the convention, so U.S. documents for use in mainland China now generally follow this process:

Stage	Before November 7, 2023	Now (in general)
Step 1	Notarization (private documents) or a certified copy from the issuing authority	Same
Step 2	Authentication by the Secretary of State (or the U.S. Department of State)	Apostille from the Secretary of State (or the U.S. Department of State)
Step 3	Consular legalization by the Chinese embassy or consulates in the U.S.	No longer required

Note the following:

Hong Kong and Macao: According to the Hague Conference on Private International Law (HCCH), the convention already applied in the Hong Kong and Macao Special Administrative Regions before it entered into force for the People’s Republic of China, so U.S. documents for use in Hong Kong or Macao already needed an apostille.
Non-contracting states still require consular legalization: Documents for use in a country that is not a party to the convention still go through traditional consular legalization. For example, the United Arab Emirates is not currently a member of the convention; U.S. documents for use in the UAE usually need a certificate of authentication from a Secretary of State or the U.S. Department of State, followed by legalization by that country’s embassy or consulate in the U.S. The membership list changes; check the current HCCH status table.
The Chinese receiving party’s specific requirements: The convention addresses only the “authentication” step; it does not change the receiving party’s requirements for a document’s contents, format, translation and validity period. Be sure to confirm first with the notary office in China, Chinese court, bank, real estate registration authority or other organization that will use the document.

Who issues the apostille: by where the document comes from

The basic rule: an apostille is issued by the competent authority of the state where the document was issued or notarized; documents from federal agencies are apostilled by the U.S. Department of State. Neither the state you live in nor the place the document is being sent affects this rule. For example, a power of attorney notarized in Illinois must be submitted to the Illinois Secretary of State even if you later move to New York.

Illinois: Secretary of State Index Department

In Illinois, apostilles are issued by the Index Department of the Office of the Illinois Secretary of State, which can certify the signatures of Illinois notaries public, county clerks, circuit clerks and local registrars. Key points:

You must submit the original: the original notarized by an Illinois notary public, or a certified copy issued by the issuing authority; ordinary photocopies are not accepted;
Complete the Secretary of State’s request form and state the country of use (for example, China); the Secretary of State uses this to decide whether to issue an apostille or a certificate of authentication;
The Index Department has offices in Springfield and Chicago, and you can submit by mail or in person; for the specific addresses, submission methods and official fees, check what is currently posted on the Secretary of State’s website;
County-level vital records such as birth, death and marriage certificates: first obtain a certified copy from the issuing authority; whether an additional county clerk certification is needed first, follow the Secretary of State’s current requirements.

New York: County Clerk first, then the Department of State

In New York, apostilles are issued by the New York Department of State, but there is an extra step:

Notarized documents (such as a power of attorney): the County Clerk of the county where the notary is commissioned must first certify the notary’s signature, and then the document goes to the Department of State;
Birth, death and marriage certificates issued by the New York State Department of Health and signed by the director of vital statistics or the state registrar can be submitted directly, without County Clerk certification;
New York City vital records must first be certified by the New York County Clerk; for New York City birth and death certificates, you must also request a “Letter of Exemplification” when you apply;
You can submit by mail, or use the in-person or drop-off service at the locations the Department of State has posted.

Massachusetts: Secretary of the Commonwealth Commissions Section

In Massachusetts, apostilles are handled by the Commissions Section of the Secretary of the Commonwealth, and some regional offices also accept requests. They can be issued only for documents bearing an original signature of one of the following: a Massachusetts notary public, a Justice of the Peace, a city or town clerk, a court clerk, or a registrar of vital records. Photocopied signatures cannot be certified. You can mail in the official form, or submit in person at the Commissions Section in Boston or a designated regional office.

Federal documents: U.S. Department of State Office of Authentications

For documents from federal agencies such as an FBI Identity History Summary (what is commonly called an “FBI background check”), the apostille is issued by the U.S. Department of State, Office of Authentications. Apply using Form DS-4194 and state the country of use in the application. A Secretary of State cannot issue an apostille for a federal document. See Authentication of FBI background checks and federal documents.

Where the document comes from	Issuing authority	Points to note
Notarized or issued in Illinois	Illinois Secretary of State Index Department	Submit the original; state the country of use; vital records follow the Secretary of State’s current requirements
Notarized or issued in New York	New York Department of State	Notarized documents first need certification by the County Clerk of the county where the notary is commissioned; New York City vital records have additional requirements
Notarized or issued in Massachusetts	Massachusetts Secretary of the Commonwealth Commissions Section	Must bear an original signature; photocopied signatures are not accepted
Federal agency documents (such as FBI records)	U.S. Department of State Office of Authentications	Form DS-4194; Secretaries of State do not accept them
Other states	That state’s Secretary of State or designated authority	Follow that state’s rules

Example: notarizing a power of attorney in Illinois and sending it to China

Take the most common situation: you live in Chicago and want to authorize a relative in China to handle the sale of real estate, an inheritance or bank matters.

Ask the Chinese receiving party first. Confirm with the notary office in China, bank or real estate registration authority handling the matter: what the power of attorney must say, whether an English or bilingual English–Chinese version is accepted, whether a copy of your passport must be attached, whether a Chinese translation is needed and who must prepare it, and whether the document has a validity period.
Draft or review the power of attorney. The authorized matters, the agent’s identifying information, the scope of authority and the term must be clearly stated and consistent with the Chinese receiving party’s requirements. An attorney notary can review or draft the document first; an ordinary notary cannot give legal advice. Questions involving Chinese law must be confirmed by a lawyer in China or a notary office in China.
Sign in front of the notary. Appear in person within Illinois with a valid ID (such as a passport) and sign in front of the notary; do not sign in advance. Leave no blanks in the document. The notary completes the notarial certificate, signs it and applies the seal.
Apply to the Illinois Secretary of State for an apostille. Submit the notarized original with the request form to the Index Department, and write “China” as the country of use. A document notarized in Illinois does not need to be taken to the Chinese Consulate General in Chicago for authentication.
Keep the document intact. The apostille is attached to the document; once you receive it, do not take apart the binding or make any alterations, and send it to China as is.
Translation and use in China. Have it translated as the receiving party requires, then give it to your agent to use.

For more types of documents sent to China, see U.S. documents for use in China.

Common mistakes

Going to the wrong state: taking a document notarized in California to the Illinois Secretary of State, or taking a birth certificate obtained in Illinois to New York, will both result in rejection. An apostille can be issued only by the state the document comes from.
Using photocopies: photocopying a birth or marriage certificate, having a notary notarize the copy, and then applying for an apostille. The correct approach is to request a certified copy from the issuing authority. In Illinois, a notary also cannot directly certify that a photocopy matches the original.
Problems with the notarization itself: an expired notary commission, an incomplete notarial certificate, or a seal or signature that does not match the information on file with the state can all prevent the Secretary of State from issuing an apostille. A signer who signed in advance rather than in person can also leave the notarization defective.
Notarizing without an apostille: the Chinese receiving party usually needs to see an apostille; a U.S. notarization alone is generally not enough.
Still lining up for embassy or consulate authentication: documents for use in mainland China no longer require authentication by the Chinese embassy or consulates in the U.S.
Overlooking translation: an apostille solves the authentication problem, not the language problem. English documents used in China often also need a Chinese translation.

Chinese translation: ask the receiving party first

When English documents are used in mainland China, most receiving institutions require an attached Chinese translation. However, who may translate, whether a translation company’s seal is required, and whether the translation must be done in China or by a notary office in China differ from institution to institution, and the convention itself sets no uniform rule. Some institutions accept translations completed in the U.S.; others require a designated translation agency in China. Be sure to confirm with the Chinese receiving party before you start, to avoid doing things twice.

Also watch the order: if the translation must be attached to the notarized document and apostilled with it, prepare it before notarization; if the receiving party requires translation in China, just send the English original.

What we can do

Based on the requirements provided by the Chinese receiving party, review or draft powers of attorney, declarations and other documents for use in China;
David Wang, as an Illinois notary public, notarizes documents at our Chicago office for signers who appear in person;
help prepare the application materials for an apostille from the Illinois Secretary of State, and explain the routes for New York, Massachusetts or federal documents;
for matters involving Chinese law and procedures in China, work with a lawyer in China or a notary office in China. Our firm does not give advice on Chinese law.

If you need to do this remotely, please contact us first to confirm whether a workable method is available.

Frequently asked questions

Do U.S. documents for mainland China still need to be authenticated by a Chinese consulate?

Generally no. Since November 7, 2023, U.S. public documents for use in mainland China need only an apostille and no longer require authentication by the Chinese embassy or consulates in the U.S. However, the receiving party may still have its own requirements for content, format and translation.

Can I get an apostille in New York for a document notarized in Illinois?

No. An apostille is issued by the state where the document was notarized or issued; a document notarized in Illinois can be apostilled only by the Illinois Secretary of State.

Does an apostille prove that my power of attorney is lawful and valid?

No. An apostille certifies only the authenticity of the signature, the signer’s capacity and the seal, not the contents. Whether a power of attorney can be used in China, and what effect it has, are determined by Chinese law and the receiving institution.

Can a Secretary of State apostille my FBI background check?

No. An FBI record is a federal document, and the apostille must be requested from the U.S. Department of State’s Office of Authentications. See Authentication of FBI background checks and federal documents.

Do documents for other countries also just need an apostille?

It depends on whether the country is a party to the convention and whether the convention has entered into force for it. Non-contracting parties usually still require authentication by a Secretary of State or the U.S. Department of State followed by legalization by that country’s embassy or consulate. Check the current HCCH status table first, and confirm with that country’s embassy or consulate in the U.S.

Can I notarize a photocopy of my birth certificate and get an apostille for it?

We do not recommend it, and it usually will not be accepted. Request a certified copy from the issuing authority, then apply for an apostille under the rules of the relevant state.