Can You Apostille a Photocopy or Does It Need to Be Original?

One of the most common misconceptions about the apostille process is that you can submit a simple photocopy of your document and receive an authentication certificate. The short answer is: no, you cannot apostille a standard photocopy. The competent authority—whether it is a state Secretary of State or the U.S. Department of State—requires an original document or a certified copy issued by the official custodian of the record. A photocopy, even if notarized, is not considered a public record and does not carry the original signature and seal that the apostille is designed to authenticate. However, there is a narrow exception: some states accept what they call "certified copies" that are made from the original by a notary public or an official custodian, provided they include a notarial certificate and an original seal. But the key distinction is that the copy must be officially certified, not a do-it-yourself photocopy from your home printer. Understanding this difference is critical to avoiding a rejection that could delay your visa or legal proceedings by weeks.

Key Rule: An apostille can only be issued on an original document or on a certified copy that bears an original signature and seal from the issuing authority. A plain photocopy, even if notarized, is never acceptable for apostille.

Understanding the Difference: Original vs. Certified Copy vs. Photocopy

To determine what you can submit, you must distinguish between three types of documents. The table below clarifies the definitions and their eligibility for apostille.

Document Type	Definition	Eligible for Apostille?	Example
Original	The first and official version issued by the authority, with original ink signatures and raised seals.	Yes	Birth certificate from vital records office.
Certified Copy	A duplicate that includes a certification statement and an original signature/seal from the custodian, attesting it is a true copy of the original.	Yes	Certified transcript from a university registrar.
Simple Photocopy	A reproduction made by a copier or scanner, lacking any original signature or seal from the issuing authority.	No	A photocopy of a birth certificate from a library or home printer.

When Is a Photocopy Acceptable for Apostille?

Strictly speaking, a plain photocopy is never acceptable. However, there is a workaround that some applicants mistake for a photocopy exception. You can have a notary public make a certified copy of an original document, where the notary examines the original and attaches a notarial certificate stating that the copy is a true and accurate reproduction. This notarized copy then becomes a certified copy in its own right, and it can be apostilled if the notary's commission is on file with the Secretary of State. This process is allowed in most states, but it requires the notary to physically compare the copy to the original and use a specific notarial wording. Some states, such as California and New York, have additional requirements for notarized copies. The critical point is that the copy must be certified by a notary or the issuing authority; you cannot simply photocopy the document and have it apostilled.

Step-by-Step Process for Submitting a Certified Copy Instead of an Original

If you do not want to part with your original document, you can submit a certified copy. Follow these steps to ensure your copy is accepted.

Obtain a certified copy from the issuing authority: Contact the office that issued the original (e.g., vital records, university registrar, court clerk) and request a certified copy. This copy will bear the official seal and signature of the custodian.
If the issuing authority does not provide certified copies (e.g., for some private documents), you can have a notary public make a notarized copy. The notary must attach a jurat or acknowledgment stating that the copy is a true and accurate reproduction of the original.
Ensure the notary's commission is active and on file with the Secretary of State. If not, the apostille will be rejected.
Submit the certified copy (not the original) to the Secretary of State along with the apostille request form and fee. Include a self-addressed return envelope.
Receive your apostilled copy—the apostille will be attached to the certified copy, and the original remains safely with you.

Important Legal Disclaimer: Some states do not accept notarized copies from private notaries; they require that the copy be certified by the official custodian. For example, New York does not accept notarized copies of vital records—you must obtain a certified copy from the local health department. Always check your state's specific rules before proceeding.

Documents That Must Be Originals for Apostille

While many documents can be submitted as certified copies, certain types of documents absolutely require the original to be apostilled. These are typically documents that are not issued by a government agency and where the original signature is the only authenticating factor. The table below lists common examples.

Document Type	Why Original Is Required	Acceptable Alternative?
Power of Attorney	Only the original with wet ink signatures can be notarized and apostilled.	Notarized copy may be accepted if state allows, but original is preferred.
Affidavit or Sworn Statement	Requires original notary seal and signature.	Typically no; original required.
Diploma (original physical copy)	The actual diploma has the university seal and registrar's signature.	Certified transcript is often accepted instead of diploma.
Court Order (original)	The court issues an original with the judge's signature and clerk's seal.	Certified copy from the court is acceptable.

Checklist for Submitting a Copy Instead of an Original

If you decide to submit a certified copy, verify each item on this checklist before mailing.

Certification Statement: The copy must include a statement that it is a true and accurate copy of the original. This is usually printed or stamped by the issuing authority.
Original Signature and Seal: The certification must bear an original signature (not a facsimile) and an official seal (embossed or stamped).
Notary Acknowledgment (if applicable): If a notary made the copy, the notarial certificate must be complete, including the date, venue, and the notary's seal and signature.
Notary Commission Active: Confirm the notary's commission is current and on file with the Secretary of State.
No Alterations: The copy must not have any hand-written corrections or marks that could raise questions about its authenticity.
Legibility: The copy must be clear and readable, as the apostille office will inspect it for quality.

Pro Tip: If you have a valuable original that you do not want to mail, obtain a certified copy from the issuing authority and submit that instead. Most states accept certified copies from the original custodian without issue. This way, you keep your original safe while still getting the apostille you need.

Common Mistakes That Lead to Rejection When Using Copies

Even when you think you are submitting a certified copy, errors can still occur. Avoid these frequent pitfalls.

Submitting a simple photocopy thinking it qualifies: Many people assume that because they copied the original, it is acceptable. The apostille office will immediately reject it.
Using a notary who is not commissioned in the state: If the notary's commission is from another state or has expired, the copy is invalid for apostille.
Missing the notary's seal or signature: Some notaries forget to sign or stamp the copy, rendering it unacceptable.
Including handwritten corrections: Any manual change on the copy, even a small correction, may cause the state to reject it because it is no longer a "true" copy.
Submitting a copy that is not on official paper: Some issuing authorities require certified copies to be on their official security paper. If you copy onto plain paper, it will be rejected.
Forgetting to include the notarial certificate wording required by the state: Some states have specific wording for notarized copies. Using generic language may cause rejection.

Frequently Asked Questions

Q: Can I apostille a photocopy if I get it notarized?
A: Yes, if the notary makes a certified copy by comparing it to the original and attaching a notarial certificate. However, the notarized copy is then treated as a certified copy, not a simple photocopy. The apostille will be issued on that certified copy.

Q: Can I apostille a copy of a document that was issued in a foreign country?
A: No. Apostilles are only issued for documents that originate from the jurisdiction of the issuing authority (e.g., U.S. state or federal). For foreign documents, you must follow the legalization process in that country.

Q: Does the apostille office keep my original document?
A: No. The Secretary of State will return your original or certified copy with the apostille attached. They do not retain any documents.

Q: Can I scan and email my document to get an apostille?
A: No. The apostille office requires physical documents with original signatures and seals. Electronic copies are not accepted for apostille.

Q: What if my original document is lost, and I only have a photocopy?
A: You must obtain a new certified copy from the issuing authority. A simple photocopy is not acceptable, and you cannot get an apostille on it.