Apostille/Superlegalization

What is Apostille?

The Apostille is a type of document legalization that is recognized under the Hague Convention of 1961. This convention facilitates the recognition of official documents between signatory countries eliminating the need for more complex and expensive legalization procedures. Apostille consists of a certificate issued by the competent authorities of a country attached to the original document or a copy of it, to confirm the authenticity of the signatures, the quality of the person who signed the document and, in the case of official documents, the quality of the person who signed Document.

The document that received the Hague Apostille will be recognized in all the signatory countries of the convention. The apostille is applied only in the country issuing the document in order for it to be recognized in another country. A document issued in another country cannot be apostilled in Romania.

It is important to note that not all documents can be apostilled. The documents that can be apostilled vary according to the legislation of each country and the type of document. In general, official documents such as civil status certificates, university degrees, notary deeds, medical certificates and other official documents can be apostilled.

The apostillation process can slightly vary by country and jurisdiction, but generally follows these steps:

1. Identify the document: Choose the document you want to apply the apostille considering its type and official nature.
2. Check the eligibility: Make sure that the document is eligible for apostille according to the legislation of the country where you want to carry out this process. In some cases, documents issued by certain authorities or types of documents may not be eligible for apostille.
3. Contact the competent authority: Identify the competent authority or body responsible for apostille in the country where the document was issued. This can usually be a Ministry of Justice, Prefecture, Chamber of Notaries or another similar institution.
4. Get the apostille: The competent authority will issue an apostille certificate that will be attached to the original document or to a copy of it. The apostille confirms the authenticity of the document and the signatures on it.
5. Use the document: After the document has been apostilled, it can be used in the signatory countries of the Hague Convention.
6. Documents for legalized translations with apostille: In some cases, both a legalized translation and an apostille may be required for documents in a foreign language. This applies when the original document and its translation must be recognized as authentic in the country of destination.
7. Apostille on the original document and apostille on the translation: In Romania, the two forms of obtaining the apostille are different. Both the apostille on the original documents and the apostille on the translation can be applied. In situations such as obtaining citizenship, both the apostille on the original and the apostille on the translation are requested.
8. Validity terms of the apostille: The apostille has an unlimited validity in time meaning that once the document has been apostilled it remains valid for the entire duration of the document's existence. However, certain institutions or authorities may require recent or updated documents.
9. Translations with apostille: If your documents require both translation and apostille you can translate the document before or after applying apostille depending on the requirements of the destination country. In this case, both the original document and the translation will have attached the apostille.

Before starting the process for obtaining the apostille make sure you fully understand the specific requirements and process in your country and in the country of destination. Apostille can be an excellent option to facilitate the international recognition of documents, but it is important to carefully proceed and seek professional advice if necessary.

1. When the apostille is required: The Apostille is usually required when you want to use an official document in a foreign country and both countries are signatories to the Hague Convention. This applies to documents such as birth certificates, marriage, divorce, notarial acts, school and university diplomas, contracts, powers of attorney and others.
2. Benefits of the apostille: Using an apostille can simplify the process of document legalization, saving time and resources. It can also eliminate the need for additional authentication or legalization in the destination country.
3. Apostille in certified translations: When you need a document translation, both the original document and the translation can be apostilled. The apostille will confirm the authenticity of the signatures on both documents which can be useful to validate both the original content and the translation.
4. The time needed for obtaining an apostille: The process for obtaining an apostille can vary depending on the jurisdiction and the volume of applications that the competent authorities receive. In some cases, the process can be done in a few days, while in others it may take longer.

Before starting the apostille process we recommend that you do your research and consult the official resources of the competent authorities or seek advice from specialists in the field of document legalization and translation. Apostille can be an effective option to validate documents in an international context but it is important to comply with all legal requirements.

What is superlegalization?

Superlegalization is a term used to describe an additional process of legalization or authentication of a document that may be required in certain circumstances or in certain countries. This process is applied when the document needs to be authenticated by the consular or diplomatic authorities of the country where the document will be used, after it has already been legalized in the country of origin.

In general, superlegalization applies in cases where documents must be submitted before official authorities of a foreign state that is not a signatory of the Hague Convention.

In Romania, the competent authorities for superlegalization are:

• Ministry of Foreign Affairs (MAE) for civil status documents, residence or citizenship certificates, education documents, diplomas, specialization certification, certificates, analysis reports, baptism certificate, marriage certificate, work certificates, certificates of origin of goods, invoices, court decisions, notary deeds.
• The Ministry of Justice for court decisions - which will later be certified by the MAE.
• Chamber of Public Notaries for all notary documents or translated documents - which will later be certified by the MAE.

Documents issued in Romania to be used in other countries must later be legalized by the embassy of the respective country in Romania.

The documents issued in a foreign country and are to be used in Romania must contain the following visas:

• The Ministry of Foreign Affairs of the country of origin of the document.
• The accredited Romanian Embassy in that state or the accredited Foreign Embassy in our country.
• Ministry of Foreign Affairs of Romania. 

Later, translation into Romanian and legalization by the notary can be done so that the documents can be used in Romania.

Apostille and Supralegalization in Romania is not the same. The apostille applies only in the issuing country and is only applied for countries that are signatories to the Hague Convention. On the other hand, superlegalization can be done both for documents issued in Romania that are to be used in other countries that are not signatories of the Hague Convention and for documents issued in other countries, but that are to be used in Romania.

The list of signatory and non-signatory countries of the convention can be accessed here: https://www.hcch.net/en/instruments/conventions/status-table/?cid=41&fbclid=IwAR0sVNfh8-4TdxvdVWZLyjKKD3GV82DykfXwIqjz8jIQ8zIdmSvsMv50I6A