Apostille a Birth Certificate in New York

Vital records are the most commonly apostilled documents in New York, and they are also where people waste the most time. The reason is a distinction that is genuinely hard to spot on the certificate itself: who issued it.

Get that right and the process is short. Get it wrong and your document comes back.

The distinction that decides everything

A birth certificate issued by the New York State Department of Health, bearing the signature of the State Registrar or the Director of Vital Statistics, can go straight to the Department of State for an apostille. No county clerk step.

A birth certificate issued by New York City, or by a local or county registrar anywhere else in the state, must first be certified by the County Clerk of the county where it was issued. And for New York City records, there is an extra document you have to request at the time you order.

Why you cannot tell by reading it

Here is the trap. Every New York vital record says New York on it. A New York City certificate and a New York State certificate both look official, both carry seals, and both name New York.

Local agencies also use terms like registrar, vital records and vital statistics, which look like state titles. The only reliable way to tell is to read the certification line closely and identify which office actually signed it.

If you were born in one of the five boroughs, your record almost certainly came from the New York City Department of Health and Mental Hygiene, which means the city route applies.

The Letter of Exemplification

This is the piece people miss, and missing it means starting over.

For New York City birth and death certificates, you must request a Letter of Exemplification at the time you order the certificate. It is an additional document from the issuing health department attesting to the record, and the County Clerk needs it in order to certify.

You cannot add it retroactively to a certificate already in your hands. If you ordered without it, you order again. So if you know the certificate is destined for another country, ask for the Letter of Exemplification up front, before anything else happens.

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The two routes, side by side

NYC issued. Order the certificate and the Letter of Exemplification from the NYC Department of Health and Mental Hygiene. Take both to the New York County Clerk for certification. Submit to the Department of State with the request form and $10.

NYS Department of Health issued. Order the certificate. Submit it directly to the Department of State with the form and $10. No county clerk step.

Marriage certificates follow the same logic. City records go through the New York City Marriage Bureau and then the County Clerk. Death certificates work the same way as birth certificates, including the Letter of Exemplification for city records. Divorce certificates are handled separately by the state.

Photocopies will not work

You need a certified copy issued by the agency. A photocopy, a scan, a hospital souvenir certificate with footprints, or a notarized copy of a birth certificate will all be rejected.

A notary cannot certify a copy of a vital record in New York, and attempting to notarize one instead of ordering a certified copy is a common and costly detour.

Order more than one

An apostilled certificate usually leaves your possession. It gets filed with a foreign court, a consulate, a university or an employer, and it does not come back.

If there is any chance you will need a second one, order two certified copies at the start. Ordering a replacement later means repeating the entire chain, including the Letter of Exemplification.

What it costs and how long

The Department of State charges $10 per document. The health department charges for the certificate and the Letter of Exemplification separately, and the county clerk charges its own fee.

Same day walk in service is available at the New York City Department of State counter at 123 William Street and in Albany, limited to ten documents per customer. Mail submissions are processed in receipt order.

Realistically the health department order is the slowest part, which is why starting there matters more than rushing the state filing.

If the country is not in the Hague Convention

You will receive a Certificate of Authentication instead, which frequently needs further certification from the United States Department of State and then consular legalization. Confirm the full chain with the receiving party before you begin.

Frequently asked questions

I was born in Brooklyn. Which route applies?

The New York City route. Order the certificate with a Letter of Exemplification, then County Clerk certification, then the state.

Can I use the hospital certificate with the footprints?

No. Only a certified copy from the issuing agency.

Can a notary certify a copy of my birth certificate?

No. Order a certified copy from the health department.

How long is it valid?

The apostille does not expire, but many foreign authorities want a certificate issued within the last three to six months. Ask before ordering.

Do I need the original apostilled, or a copy?

The apostille attaches to the certified copy you submit. That copy is what travels.

Marriage and death certificates follow the same logic

Everything above applies beyond birth certificates.

A marriage certificate issued by the New York City Marriage Bureau needs County Clerk certification before the state will apostille it. One issued by the New York State Department of Health and signed by the State Registrar does not.

A death certificate issued by New York City requires a Letter of Exemplification requested at the time of ordering, exactly as a birth certificate does. This matters for estates with property or heirs abroad, where a foreign court will usually want the death certificate apostilled alongside the court records. See apostilling estate documents.

Divorce records are handled separately again, through the state rather than the city.

Names that do not match

A recurring problem with vital records destined for another country. The birth certificate shows one spelling, the passport another, because of transliteration, a hospital error, or marriage.

The apostille authenticates the certificate as issued. It does not reconcile the difference. Where the receiving authority needs the discrepancy explained, that is usually done with a separate notarized affidavit which then travels its own chain to be apostilled. See one and the same person affidavits.

Do not alter the certificate

Never write on, laminate, hole punch or staple a certified vital record. Any alteration can render it unacceptable, and you would be ordering a replacement and restarting the chain. Keep it flat and clean, and let the offices attach what they need to attach.

How to Apostille a Birth Certificate in New York