What an apostille is and when Spain requires one

Key rules

• Apostille: For documents from Hague Convention countries, one apostille replaces the full consular legalisation chain.
• Non-Convention countries: If the issuing country is outside the Convention, you need consular legalisation through the Spanish consulate.
• Exclusions: Documents signed by diplomatic or consular agents, and commercial or customs administrative documents, fall outside the apostille system.
• Exemptions: An EU rule or a treaty can remove the need for an apostille, so ask the Spanish office first.
• Translation: An apostille does not replace a Spanish translation when the office asks for one.

What an apostille is

An apostille is a standard certificate that proves a foreign public document is genuine. It confirms the signature, the position of the person who signed, and any seal or stamp on the document. The authority that issues it is named by the country where your document was issued.

It comes from the 1961 Hague Convention. Between countries that belong to the Convention, it replaces consular legalisation. Legalisation is the older, longer chain: several national bodies certify the document, then the destination country's consulate certifies it too. With an apostille, you do one step.

When Spain asks for one

Spain generally requires foreign public documents to be authenticated before its offices accept them. That means birth, marriage or court certificates, and similar official papers. Registries, courts and immigration offices all apply this rule. Which route you use depends on the country that issued the document:

• The country is in the Hague Convention. Get an apostille from the competent authority in that country.
• The country is not in the Convention. Get consular legalisation through the Spanish consulate. This is also needed where a state has objected to another's joining the Convention.

The comparison below shows the routes side by side.

Documents the apostille does not cover

The Convention does not apply to two kinds of document:

• documents signed by diplomatic or consular agents;
• administrative documents that deal directly with commercial or customs operations.

An apostille is not the route for these. Ask the Spanish office what it accepts instead.

When you may not need one

Some EU rules and some bilateral treaties remove the need for an apostille or legalisation. This depends on the type of document and the country that issued it. An EU rule on public documents is one example. Before you pay for an apostille, ask the Spanish office whether an exemption covers your document.

Translation

Spanish offices may also want the document translated into Spanish. An apostille does not replace a translation. Ask the office whether it needs one and in what form.

Next steps

Use the checklist below to work through the steps in order. Individual offices can apply the rules differently, so confirm with the office that will receive your document.

Apostille, consular legalisation or EU exemption: which route applies

Which route applies to your document

The country that issued your document decides the route. Find where it was issued, then follow that row.

How to read the table

• Apostille is a single stamp from the issuing country. One stamp is enough, and no embassy visit is needed.
• Consular legalisation has several steps and involves the Spanish consulate. Ask the consulate what it needs before you start.
• EU exemption covers only certain document types. Do not assume it covers every document from an EU country.

Before you order anything

Ask the Spanish office that will receive the document which route it expects and whether it needs a translation. A sworn translation into Spanish is a separate step, and the order in which you do the translation and the stamp can matter. Check the order with that office first.

Documents you need

• Foreign public document from a Hague Convention country, with an apostille from the competent authority of the issuing country. Needed whenever you present it to a Spanish office, unless an EU rule or treaty removes the requirement.

• Foreign public document from a country outside the Convention, legalised through the Spanish consulate. This replaces the apostille.

• Spanish translation of the document when the office asks for one.

Checklist

• Check whether the country that issued your document is part of the 1961 Hague Convention.

• Check that your document is not one signed by a diplomatic or consular agent, or a commercial or customs administrative document.

• Request the apostille from the competent authority of the issuing country if the Convention applies.

• Arrange consular legalisation through the Spanish consulate if the issuing country is not in the Convention.

Frequently asked questions

Which documents are excluded from the apostille system?

Documents signed by diplomatic or consular agents are excluded from the apostille system, and so are administrative documents dealing directly with commercial or customs operations. This applies in all member countries, including Spain. For these, ask the Spanish office what authentication it accepts.

Can I skip the apostille if an EU rule or treaty applies?

Yes, you may skip the apostille when an EU rule or a bilateral treaty between Spain and the issuing country removes the requirement. This depends on the document type and the country. Ask the Spanish office that will receive the document before you skip it.

What do I need if the country that issued my document is not in the Hague Convention?

You need consular legalisation instead of an apostille if the issuing country is not part of the 1961 Hague Convention. This is also the case where a state has objected to another's accession. Ask the Spanish consulate which steps it requires.

Does a Spanish office also check the language of my apostilled document?

Yes, Spanish offices such as registries, courts and immigration offices also check that the document is in Spanish, so you may need a translation. Individual offices can apply this differently, so ask the office what it wants.