Poderes notariales

What is the Hague apostille and when do you need it

Notaría Online
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What is the Hague apostille

The Hague apostille is an annotation placed on a public document (or on an attached sheet) to certify that the signature, seal and capacity of the official who issued it are genuine. Its purpose is to allow the document to be valid in another country without going through the consulate.

The system was created by the Hague Convention of 5 October 1961, known as the Apostille Convention. Spain joined in 1978. As of 2026, more than 125 countries are party to the convention, including all EU member states, the United States, Mexico, Argentina, Colombia, Brazil, Japan and Australia.

The apostille does not validate the content of the document. It only certifies that the person who signed it had the authority to do so. An apostilled power of attorney is still a power of attorney; the apostille simply confirms that the notary who authorised it is a real notary.

Which documents can be apostilled

Only public documents. The Convention expressly includes:

  • Judicial documents (judgments, court orders, letters rogatory).
  • Administrative documents (birth, death, marriage certificates, criminal record checks).
  • Notarial documents (deeds, records, powers of attorney, wills).
  • Official certifications placed on private documents (such as a notarial legalisation of a signature).

Private documents without public intervention (a contract between individuals without a notarial signature, for example) cannot be apostilled directly. You first need to have the signature notarised, then apostille the notarial certification.

Who issues the apostille in Spain

In Spain, the apostille is issued by different bodies depending on the type of document:

Notarial documents (powers of attorney, deeds, records): the Colegio Notarial (Notarial College) of the district where the notary practises. There are 17 Notarial Colleges in Spain, one per notarial district.

Judicial documents (judgments, court orders): the Tribunal Superior de Justicia (High Court of Justice) of the relevant autonomous community, or the Ministry of Justice for documents from central courts.

Civil Registry documents (birth, marriage, death): the Ministry of Justice, through the Legalisations Section.

Administrative documents (university degrees, criminal records, tax certificates): it depends on the ministry or administration that issued them. University degrees are apostilled by the Ministry of Education (or the autonomous community). Criminal records are apostilled by the Ministry of Justice.

How much the apostille costs

The official apostille fee in Spain is €4.54 per document. It is a flat fee, the same for any type of document and any issuing body.

If you process the apostille in person, you pay the fee and receive it on the spot or within a few minutes. If you request it by post, add certified postage costs.

The Notarial Colleges allow electronic processing for notarial documents. In that case, the apostille is incorporated electronically into the document and downloaded as a signed PDF.

Apostille timeline

For notarial documents, the electronic apostille is obtained within 24-48 hours. The Notarial College verifies the notary's signature in its database and issues the electronic apostille.

For Civil Registry or judicial documents, the timeline depends on the body. The Ministry of Justice takes between 3 and 5 working days in person. By post, add delivery time.

During peak periods (September, for the start of term; January, for nationality resolutions), timelines may extend to 7-10 days.

Documents that do not need an apostille

Within the European Union, Regulation (EU) 2016/1191 removes the obligation to apostille certain public documents when presented in another member state. Since February 2019, birth, marriage, death, civil status, domicile and criminal record certificates issued by an EU member state do not need an apostille or translation if accompanied by a standard multilingual form.

This regulation does not cover all documents. Powers of attorney, sale deeds and judicial documents still need an apostille for use in another EU country.

Countries outside the Convention: consular legalisation

If the destination country is not party to the Hague Convention, the apostille does not work. In that case you need consular legalisation, a longer process that goes through several stages:

  1. Apostille or legalisation by the Ministry of Justice (depending on the document).
  2. Legalisation by the Ministry of Foreign Affairs (MAE).
  3. Legalisation by the consulate of the destination country in Spain.

This process can take 2-4 weeks and has variable costs depending on the consulate. Some consulates charge between €20 and €100 per legalisation.

Countries not in the Hague Convention include Canada (although it is in the process of joining), the United Arab Emirates, Qatar, several African countries and parts of Southeast Asia.

Apostille for foreign documents in Spain

If you have a document issued in another country and need to use it in Spain, that document must come apostilled by the competent authority of the country of origin. A Mexican birth certificate, for example, is apostilled by the Secretaría de Relaciones Exteriores in Mexico. Once apostilled, it is valid in Spain without further legalisation.

If the document is in a language other than Spanish, you will also need a sworn translation into Spanish, done by a sworn translator-interpreter appointed by the Ministry of Foreign Affairs.

How to get the apostille online

At Notaría Online we handle the apostille for your notarial documents. If you need to apostille a power of attorney, a deed or a notarial record, we take care of the application to the relevant Notarial College.

The service costs from €50 + VAT per document, plus the official fee of €4.54. For international powers of attorney that need an apostille, see our international powers service.

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