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U.S. documents for use in ChinaU.S. Documents for Use 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 a U.S. apostille; the Chinese embassy and consulates in the U.S. have stopped providing consular legalization, so there is no longer any need to line up there. ② Whether a document can be used, what format it must take and whether it needs translation are decided by the receiving institution in China (a notary office, court, bank, real estate registration authority, etc.), so ask before you start. ③ Powers of attorney and statements must be signed by you in person, in front of the notary, with valid identification; do not sign them in advance and bring them in. ④ Public records such as birth and marriage certificates cannot be notarized as photocopies; you must request a certified copy from the issuing authority. ⑤ A document that has only been notarized, without an apostille, often still cannot be used once it reaches China.

Chinese-speaking people living in the United States often need to send documents to China: to authorize relatives or friends to sell property, to handle a parent's inheritance, to withdraw money from a bank, to deal with household registration and ID documents, to engage a Chinese lawyer for litigation, or to provide proof of birth, marriage or divorce. This page explains, scenario by scenario, how the U.S. side is handled. The requirements of the receiving party in China often vary by region and institution. Our firm handles the U.S. side — reviewing and drafting documents, notarization and help with authentication — and works with Chinese lawyers or notary offices on the Chinese procedures; we do not advise on Chinese law.

Two concepts first: notarization and the apostille

Notarization certifies who the signer is and that the signer personally signed (or swore an oath) in front of the notary. Notarization does not certify that the contents of the document are true, lawful or valid in China. David Wang is an Illinois attorney who also holds an Illinois notary public commission, so he can first review or draft a power of attorney or statement, explain its contents and purpose to you, and then notarize it; an ordinary notary public cannot give legal advice or draft legal documents for you. See How notarization works in the U.S.

An apostille is a certificate issued under the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Hague Apostille Convention) by the competent authority of the state where the document was issued or notarized, confirming the authenticity of the notary's or official's signature, capacity and seal. Documents notarized in Illinois or issued by Illinois authorities are handled by the Index Department of the Illinois Secretary of State, which has offices in Springfield and Chicago; federal documents such as FBI records are handled by the U.S. Department of State's Office of Authentications. An apostille likewise does not mean the receiving party in China will necessarily accept the document; its contents and format must still meet that party's requirements. See How to get an apostille.

Scenarios, documents and steps at a glance

Common scenario	Documents usually needed	Steps on the U.S. side
Authorizing relatives or friends to sell, buy or transfer property in China	Power of attorney	Draft or review according to the receiving party's requirements → sign in person, with ID, before an Illinois notary public → apostille from the Illinois Secretary of State → send to China and translate as required
A parent has died and the inheritance is being handled in China	Power of attorney; statement renouncing inheritance; statement of family relationship, etc.	First obtain the template text and checklist from the Chinese notary office handling the inheritance → notarization → apostille
Bank withdrawals, closing an account, reporting a loss	Power of attorney, statement	First ask the bank whether it accepts a power of attorney signed abroad and in what format → notarization → apostille
Household registration, ID documents, personnel files, social insurance, etc.	Power of attorney, statement	Prepare according to the handling office's requirements → notarization → apostille
Suing or defending a lawsuit in China	Power of attorney appointing a Chinese lawyer; identity documents	Prepare according to the requirements of the court and your Chinese lawyer → notarization → apostille
Birth, marriage or divorce records (issued in the U.S.)	Certified copy issued by the issuing authority	Request a certified copy from the issuing authority → apostille from the competent authority of the issuing state
Illinois court divorce judgment	Certified copy of the judgment	Request a certified copy from the clerk of that county's circuit court → apostille from the Illinois Secretary of State
Criminal record check	FBI Identity History Summary	Apply to the FBI → apostille from the U.S. Department of State's Office of Authentications
Diplomas and transcripts	Degree certificate, transcript	Issued or signed by the school and then notarized, or the affidavit route → apostille
Company matters (formation, changes, litigation in China, etc.)	Certificate of good standing, company resolutions, authorizations, etc.	Documents issued by the state government get an apostille directly; documents signed by company officers are notarized first, then apostilled

Powers of attorney: property sales, inheritance, banking, ID documents, litigation

The power of attorney is the document most commonly sent to China. Real estate registration authorities, banks and notary offices in China often scrutinize powers of attorney closely, and a vaguely written one may have to be redone after it arrives. A sound power of attorney usually includes:

Identifying information for the principal and the agent: name, date of birth, and type and number of ID document, which must match exactly the passport or ID you present when signing and the information registered in China. Inconsistencies in pinyin spelling, Chinese name or former names are a common reason documents are rejected;
The specific matters and powers granted: for example, signing the purchase and sale contract, handling online contract registration and title transfer, paying taxes and fees, receiving the sale proceeds, and releasing a mortgage, each listed item by item. Whether the agent may receive money on your behalf and whether the agent may delegate to someone else must both be stated expressly; many institutions do not accept wording such as "full authority to act in all matters";
Specific information about the property or matter: the property address and title certificate number, bank account information, and in an inheritance matter the decedent's name and date of death;
The term of the authorization, plus the date and place of signing.

Many Chinese notary offices, banks and registration authorities have their own power of attorney templates. The easiest approach is to have relatives in China or a Chinese lawyer first obtain the required text or a checklist of requirements from the handling institution; we then check it and arrange the signing.

Signing: You must bring valid, unexpired identification and sign personally in front of the notary. Do not sign in advance, and do not sign a document with blanks left in it. The notary can notarize for you only within Illinois. If you are not in Chicago and need to handle this remotely, please contact us first to confirm what options are feasible.

Authentication: After notarization, the Illinois Secretary of State issues the apostille; then send the complete set of originals to China. Do not take apart the binding or alter anything.

Statements: renunciation of inheritance, family relationship, single status, etc.

A statement (statement or affidavit) is your written declaration of a fact or intention, signed or sworn in front of a notary. Common examples include:

Statement renouncing inheritance: When an inheritance is handled in China, heirs who do not intend to inherit are usually required to provide one. Because it involves significant property rights, before signing you should understand clearly what you are giving up, who benefits and whether it can be withdrawn; consult a Chinese lawyer about the consequences;
Statement of family relationship: Explains your relationship to the decedent or another person. Some notary offices accept only your own statement, some also require official records such as a birth certificate, and some accept only official records;
Statement of single / unmarried status: Used, for example, for marriage registration or other procedures in China. The U.S. has no unified national marriage registry and cannot issue a nationwide "certificate of no marriage," so the common approach is for you to sign a sworn statement that is then notarized and authenticated. Whether your own statement is accepted, or something else is required, is decided by the receiving party.

The wording of a statement and whether it will be accepted are often decided by the Chinese notary office or institution handling the matter, so we recommend obtaining their template first.

Birth, marriage and divorce records

Birth certificates, marriage certificates and divorce records are public records (vital records). The correct approach is:

Request a certified copy from the issuing authority. In Illinois, birth and death certificates are usually issued by the County Clerk, the local registrar or the Illinois Department of Public Health (IDPH); marriage certificates are issued by the County Clerk that issued the marriage license;
Obtain the apostille from the competent authority of the state that issued the record. For example, if you were born in California, California must handle it; the Illinois Secretary of State cannot issue an apostille for a California document.

A common mistake is taking a photocopy of a birth certificate to a notary to "notarize the copy." Illinois notaries cannot certify copies of public records such as birth or marriage certificates; only the agency that keeps the record can issue a certified copy. Some receiving parties have requirements about the copy's issue date (for example, that it be recently issued), so confirm in advance. For the specific signer and format requirements, check the Secretary of State's current requirements.

Illinois court divorce judgments

If you divorced in Illinois, the divorce judgment (judgment for dissolution of marriage) was entered by that county's circuit court. When you need to send it to China:

Request a certified copy of the judgment from the Clerk of the Circuit Court in the county that entered it, for example the Clerk of the Circuit Court of Cook County;
Obtain an apostille from the Illinois Secretary of State. Documents issued by a court clerk do not need to be notarized by a notary.

Note: to use a U.S. divorce judgment in China (for example, to register a remarriage or change property records), the Chinese side may require that it first be recognized by a Chinese court. That is a separate Chinese legal procedure; consult a Chinese lawyer about whether it is needed and how to do it.

Criminal records, academic records and company documents

Criminal records

The "certificate of no criminal record" used in China is usually the FBI Identity History Summary. FBI records are federal documents, so the apostille is handled by the U.S. Department of State's Office of Authentications, not the Secretary of State. For how to apply and fingerprint requirements, see FBI records and federal document apostilles. Some receiving parties accept only records issued by a state or local police department, so first confirm which one is needed.

Diplomas and transcripts

How academic documents are handled depends on the school and the receiving party. Common routes are: the school's registrar issues a sealed transcript or signs a certification, the signature is notarized and an apostille obtained; or you sign an affidavit stating that the attached copy is identical to the original, which is then notarized and authenticated. Illinois notaries are strictly limited in certifying copies; the specific route depends on the Secretary of State's current requirements and the school's practice. Verification of academic credentials in China has its own application channel and may not require notarization and authentication, so first find out what the receiving party requires.

Company documents

Forming a company in China, changing a registration or taking part in litigation may require a U.S. company's Certificate of Good Standing, board or member resolutions, authorizations and similar documents. Documents issued by the Secretary of State can go directly for an apostille; resolutions and authorizations signed by company officers must be signed in front of a notary and then apostilled, and the signer's title must match the company's records.

Already a U.S. citizen? Pay special attention to identity information

If you are already a U.S. citizen, or your original Chinese ID documents are no longer valid, the receiving party in China may require that the power of attorney or statement rely on your foreign passport as proof of identity, together with a copy of the passport; sometimes it will also require an explanation linking you to your former Chinese ID document and household registration record. Confirm with the receiving party in advance which ID to use, which name to write and whether to include your Chinese name as well, and sign based on the confirmed information.

Translation

U.S. documents are mostly in English, and many Chinese institutions require a Chinese translation issued by a qualified translation company; some accept only translations from translation companies in China. Whether a bilingual Chinese-English power of attorney or statement can be used directly also depends on the receiving party. Confirm the translation requirements with the receiving party in advance to avoid redoing work after the documents arrive.

Common mistakes

Still going to the Chinese embassy or consulates in the U.S. for legalization: documents for mainland China now get an apostille instead;
Notarizing without authenticating, or signing first and finding a notary afterward;
Expired ID or inconsistent information: the name and ID number in the document must match the valid ID presented at signing;
Getting an apostille in the wrong state: the state where the document was issued or notarized is the state that issues the apostille;
Starting without asking the receiving party: there may be requirements for format, wording, translation and validity period.

How we can help

Review or draft powers of attorney and statements based on the Chinese receiving party's requirements, and explain their contents and purpose to you;
Provide Illinois notarization at our Chicago office;
Help prepare the application for an Illinois Secretary of State apostille, and explain how to obtain birth, marriage and divorce records and court documents;
For inheritance, property, litigation and similar procedures in China, work with Chinese lawyers or notary offices to coordinate the documents on the U.S. side;
Where estate planning is involved, consider it together with Estate planning for cross-border families.

Frequently asked questions

Do U.S. documents sent to China still need legalization by a Chinese embassy or consulate?

For use in mainland China, generally no. The Hague Convention has applied to China since November 7, 2023; on the same day the Chinese embassy and consulates in the U.S. stopped providing consular legalization, which has been replaced by an apostille obtained in the U.S. Whether the receiving party will accept a particular document, however, still depends on its requirements.

Can I sign the power of attorney at home and then take it to be notarized?

No. The signer must bring valid ID and sign in front of the notary (or acknowledge the signature and swear an oath in person), and the notary can notarize only after verifying identity.

I was born in California and live in Chicago. Can I get an apostille for my birth certificate in Illinois?

No. A birth certificate must be apostilled by the competent authority of the issuing state (California in this example). You can request a certified copy from the California issuing authority and then apply to the California competent authority for an apostille.

I am a U.S. citizen. Should the power of attorney use my Chinese name or my English name?

Generally it follows the valid ID you present when signing, usually your U.S. passport. Whether to include your Chinese name as well, and whether to provide information from your former Chinese ID documents, is decided by the receiving party in China; please confirm in advance.

Can you write the statement renouncing inheritance for me?

Based on the text or requirements provided by the Chinese notary office, we can check and adjust it on the U.S. side and arrange the signing and authentication. For the effect and consequences of renouncing an inheritance under Chinese law, consult a Chinese lawyer.