For a foreign public document to have effect in Spain it needs a Hague apostille, a stamp issued by the competent authority of the country where the document was issued (not Spain) that certifies the signature is authentic under the Convention of 5 October 1961. The process: request the original document, find the apostille authority in that country, get the apostille and, if the document is not in Spanish, order a sworn translation from a translator appointed by the Spanish Ministry of Foreign Affairs. If the country is not party to the convention, the apostille is replaced by a chain of diplomatic legalisation. An apostille usually takes from 1 day to 3 weeks depending on the country.
What an apostille is and when you need one
An apostille is a standard certificate confirming that the signature, seal and capacity of the official who issued a public document are genuine. It does not validate the content, only its formal authenticity. With it, the document can be used in the more than 120 countries that are party to the 1961 Hague Convention without further legalisation.
You will need to apostille a foreign document for Spanish procedures such as these:
- Foreign birth, marriage or death certificates, for the Civil Registry, an inheritance or a nationality application.
- Criminal record certificates, for residence, nationality or work.
- University degrees and academic transcripts, for recognition.
- Powers of attorney granted before a foreign notary, to buy, sell or inherit in Spain.
- Company documents (minutes, certificates of good standing), to operate or appoint an attorney in Spain.
- Foreign divorce judgments, for recognition and registration.
One exception saves money: within the European Union, Regulation (EU) 2016/1191 exempts certain public documents from the apostille between member states, including birth, marriage, death and criminal record certificates. A French or Italian birth certificate does not need an apostille in Spain; with the multilingual standard form it does not need a translation either. Many agents ask for one anyway out of habit.
Step by step: getting the apostille in the country of origin
- Get the original document or a recent certified copy. The apostille is placed on the physical document (or an electronic one, in countries with e-Apostille). Some Spanish bodies require the document to be less than 3 or 6 months old; ask for a recent copy before having it apostilled.
- Find the apostille authority. Each country designates its own and the official list is on the website of the Hague Conference (HCCH). Some common examples:
- Mexico: the Secretaría de Gobernación for federal documents; state governments for local documents.
- Argentina: the Ministry of Foreign Affairs; notarial associations also apostille notarial documents.
- Colombia: the Foreign Ministry, with an online procedure that issues an electronic apostille.
- United States: the Secretary of State of the state that issued the document; federal documents, the Department of State.
- United Kingdom: the FCDO Legalisation Office.
- Submit the document and pay the fee. Fees range from free to about 20 to 40 dollars or euros per document. Timescales vary too: Colombia issues within hours, some US states take 2 to 3 weeks by post.
- Check the apostille you receive. It must follow the convention's model: the French heading "Apostille (Convention de La Haye du 5 octobre 1961)" and ten numbered fields. Electronic apostilles include an online verification code.
- Order a sworn translation if the document is not in Spanish. Only translations by sworn translators appointed by the Spanish Ministry of Foreign Affairs are valid (the list is at exteriores.gob.es), or those made by diplomatic missions, which in turn need legalisation. An ordinary translation, however accurate, will be rejected. The whole document is translated, apostille included, although the apostille follows a standard model and some bodies accept it untranslated. Expect 30 to 80 euros per page depending on the language.
What if the country is not party to the Hague Convention?
Then no apostille is possible: you need legalisation through diplomatic channels, a chain of stamps. The usual route is:
- Legalisation of the document by the competent authority of the issuing country (usually its Ministry of Foreign Affairs).
- Legalisation by the Spanish Embassy or Consulate in that country.
- Depending on the type of document, final recognition of the consular signature by the Spanish Ministry of Foreign Affairs in Madrid, which provides this service free of charge.
Countries still outside the convention include the United Arab Emirates, Egypt, Cuba, and Thailand (check the up-to-date list on the HCCH website, because it keeps growing: Canada, for example, joined with effect from January 2024 and its documents are now apostilled). The diplomatic route is slower; allow weeks or months.
Cases by type of document
| Document | Who issues the apostille | Point to note |
|---|---|---|
| Birth, marriage or death certificate | Authority of the issuing country | No apostille needed if it comes from an EU country (Regulation 2016/1191) |
| Criminal record certificate | Authority of the issuing country | Usually considered valid for only 3 to 6 months; apostille it and use it quickly |
| Foreign power of attorney | Authority of the country, on the notary's signature | It will also have to pass the Spanish notary's equivalence check |
| University degree | Usually requires prior certification by the local education ministry | Recognition in Spain is a separate procedure |
| Divorce judgment | Authority of the country, on the court's signature | May require exequatur or recognition depending on the country |
Does your document need an apostille? Four questions
- Is it a public document? Official certificates and notarial, court and administrative documents are. A private contract or an invoice cannot be apostilled; it would first have to be made public or have its signatures certified by a notary, and that notarial act is what gets apostilled.
- Was it issued by an EU country and is it covered by Regulation 2016/1191? Then it does not need an apostille. Ask for the multilingual standard form, where available, to avoid the translation too.
- Is the issuing country party to the Hague Convention? If so, apostille before its competent authority. If not, the diplomatic chain.
- Is it in Spanish? If not, add a sworn translation by a translator appointed by the Ministry of Foreign Affairs. Documents in Galician, Catalan, Basque or Valencian do not need one for the authorities of their own regions.
How to get the apostille without travelling to the country of origin
Hardly anyone flies out just for an apostille. The remote options, from most to least direct:
- Online procedure in the issuing country. Colombia, Peru and Argentina let you request an electronic apostille online for digital documents; you receive it as a PDF with a verification code.
- Application by post. Common in the United States and the United Kingdom: you send the document to the apostille office with the fee and a return envelope.
- Someone in the country of origin. A relative, a local agent or a service like ours submits the document on your behalf. Most apostille authorities do not require the holder to appear in person.
Always verify an electronic apostille before relying on it: the PDF itself includes the URL or registry code where the receiving body can check it. If the link does not work, ask for it to be reissued.
Documents you need
- The original public document or a recent certified copy.
- Your identity document, which some apostille authorities ask the applicant for.
- The fee charged by the issuing country, if any.
- A sworn translation into Spanish, if the document is in another language.
- For the diplomatic route: the earlier stamps in the legalisation chain.
Mistakes that invalidate the process
- Apostilling a plain photocopy. The apostille goes on original public documents or certified copies. It is not valid on an uncertified photocopy.
- Apostilling in the wrong country. The apostille is issued by the country that issued the document. A Mexican certificate cannot be apostilled in Spain, however convenient that would be.
- The wrong authority. In federal countries, a state document apostilled by the federal authority (or vice versa) may be rejected.
- A translation that is not sworn. It makes no difference that a professional translator did it: without appointment by the Ministry of Foreign Affairs it has no effect.
- A document that expires before it is used. The apostille does not expire, but the document can: many bodies stop accepting criminal record or civil status certificates after a few months. Apostilling an old certificate is money wasted.
- Confusing legalisation with an apostille. If the country is party to the convention, the diplomatic chain does not replace the apostille, and the reverse is also true.
Frequently asked questions
Does an apostille expire?
No. The apostille certifies a signature and does not lose validity. What expires is the underlying document: a criminal record certificate is usually accepted for only 3 to 6 months from issue, depending on the receiving body.
Can I apostille a foreign document in Spain?
No. Spain only apostilles Spanish documents (the Ministry of the Presidency, Justice and Relations with Parliament, the notarial associations and the court secretaries, depending on the type of document). A foreign document is apostilled in its country of origin, although you can have the process handled remotely.
How much does an apostille cost?
The apostille itself ranges from free to about 20 to 40 euros or dollars depending on the country. The real cost of the whole process comes from the sworn translation (30 to 80 euros per page) and, if you delegate it, the fees of whoever handles it in the country of origin.
Is an electronic apostille valid in Spain?
Yes. Spain takes part in the Hague Conference's e-APP programme and issues and accepts electronic apostilles that can be verified online. Colombia and Argentina issue them routinely.
Does a document from the EU need an apostille?
Documents covered by Regulation (EU) 2016/1191 (birth, marriage, death and criminal record certificates, among others) do not. With the multilingual standard form you also avoid the translation. Other documents from EU countries outside that list may still need one.
Do I need an NIE to get an apostille?
No, the apostille is separate. But if the apostilled document is for buying, inheriting or living in Spain, you will almost certainly need an NIE for that procedure.
Let us handle the apostille and the translation
Notaría Online handles apostilles and legalisations remotely: we identify the competent authority in your country, coordinate the stamp and the sworn translation, and get the document ready for the notary, registry or authority that needs it. It is the step that most often holds up international inheritances and property sales, such as accepting an inheritance from abroad. Start at Hague apostille online.
This content is for guidance only and does not constitute legal advice.