Authentication of Spanish documents – Universal legalisation or The Hague Apostille
What is it?
The apostille procedure consists in applying an Apostille or certification to a public document, or an extension of the same, which certifies the authenticity of the signature on public documents that have been issued in a country which has signed the XII Hague Convention, of 5 October, 1961, abolishing the requirement of Legalisation for Foreign Public Documents, which shall be accepted as valid in another signatory country to the Convention.
Therefore, the documents issued in a country that has signed the Convention which have been certified by an Apostille shall be recognised in any other country of the Convention, without any other kind of authentication being required.
List of the States signatories to the Hague Convention of October 5, 1961 (PDF. 50 KB), prepared by the Ministry of Justice from the Convention itself.
Which documents are eligible for an apostille certificate?: public documents
- Judicial documents: Documents issued by an authority or public servant linked to any jurisdiction of the State, including the Public Ministry or a secretary, official or judicial agent.
- Administrative documents.
- Official certifications that have been affixed to private documents, such as the registration certification for a document, the certification of the certainty of a date and official and notarised authentication of signatures on private documents.
However, it is not affixed to:
- documents issued by diplomatic or consular officials.
- documents directly related to a business or customs transaction.
- the documents that, on applying other International Conventions, are exempt from being legalised or apostilled
Who can request it?/present
The Hague Apostille can be requested by any holder of a public document who wishes to certify its authenticity.
Which places can apply apostille certificates?
Pursuant to the Royal Decree 1497/2011, of 24 October, which determines the officials and authorities with the competence to apply the Apostille Certificate established by the Hague Conference on Private International Law, of 5 October, 1961, the following places can apply an apostille certificate:
- Administrative Public Documents (some administrative documents require prior authentication of signature), and Judicial Documents (including documents issued by the Civil Register), citizens may choose to go to any one of the Competent Authorities listed below:
- Notarised documents and private documents whose signatures have been certified before a Notary Public:
- Legal public documents issued by the National Administrative Court and the Supreme Court:
Government Secretaries of the respective courts to which they have delegated.
Authentication of Haitian documents
A. Mandate (Power of Attorney)
A mandate or power of attorney allows a person to delegate certain powers of legal representation to any other person of his choice.
All persons of Haitian origin who wish to mandate a person to represent him/her as an agent in Haiti must submit to the Consular Section a Haitian passport or valid foreign passport with proof of Haitian origin. Proof of Haitian origin includes a birth certificate or expired passport. Applicant must be able to provide the following information on the agent:
- Name(s), surname(s)
- Address and tax identification card (NIF) number
B. Certificate of Identity
In exceptional cases, the Consular Section, in order to facilitate certain actions of Haitian nationals with the U.S. Immigration, shall issue a certificate of identity, provided that steps towards submitting a passport application have already been taken.
C. Birth Certificate
Any child born to a Haitian parent (father or mother) in the jurisdiction of the Consular Section of the Embassy of Haiti can get a birth certificate.
The required documents are:
- The parent’s valid Haitian passport
- Marriage certificate
- U.S. birth certificate of the child
D. Death Certificate
The documents required for the establishment of a death certificate by the Consular Section are:
- The Burial Permit
- A certified copy of the Death Certificate
- A photocopy of the registration of the funeral parlor with the Department of Health (Health Department)
- A photocopy of the funeral invoice
- A signed and notarized letter attesting that the corpse is non-contagious
- A letter, on the funeral parlor’s letterhead, signed and notarized, attesting to the process of embalming the corpse
- The passport of the deceased
- Proof of the sealed coffin is also acceptable
- An inspection by the Consul is required. There are no additional fees for this inspection.
- Information on the travel route and contact information of the funeral home in Haiti is also required.