Apostille & Legalization

Apostille and legalization are two important processes used to ensure the validity of international documents. These procedures involve the necessary steps to have a document legally recognized in another country. Especially during international transactions such as moving abroad, marriage, education, or work, the accuracy and validity of such documents are of great importance. This article will explore the processes of apostille and legalization in detail, what they mean, which documents are subject to these processes, and what to consider during these procedures.

What is an Apostille?

It is a certification process that ensures a document is legally recognized in another country. This process, defined by the Hague Apostille Convention of 1961, is valid between the countries that are parties to this convention. The apostille seal is used to verify the authenticity of the document and to indicate that it has been certified by the competent authorities of the country where it was issued. ​⬤

The process is usually required for official documents. These documents include birth certificates, marriage certificates, court decisions, educational certificates, notarized documents, and many other official records. The apostille seal ensures the international validity of the document and eliminates the need for the document to be re-verified in the receiving country.

How is the apostille process done?

The process is carried out by the competent authorities in the country where the document was issued. These authorities are usually the ministries of foreign affairs, ministries of justice, or local administrations. The apostille is a stamp or seal that verifies the authenticity of the document. This stamp is placed on the document or attached to it.

The steps typically followed for the apostille process are as follows:

1. Document Preparation: The document to be apostilled is first prepared by the relevant authorities according to its type, and the necessary verification processes are carried out.

2. Application: The application is submitted to the relevant authorities. The original document and sometimes copies may be required during the submission.

3. Stamping: The relevant authorities, after verifying the authenticity of the document, stamp the apostille on it. This stamp ensures the document's international validity.

4. Delivery of the document: After the stamp is applied, the document is handed over to the applicant and becomes legally valid for use abroad.

What is legalization?

Legalization is a process through which a document is legally recognized in another country. Unlike the apostille process, legalization is typically used between countries that are not parties to the Hague Apostille Convention. This process can be more complex and time-consuming, as it may require the approval of multiple authorities to validate the document.

The legalization process involves the validation of the document both in the country of issuance and in the country where it will be used. This process ensures that the document is recognized both in its original language and in the target country.

How is the legalization process carried out?

The legalization process may vary depending on the type of document and the country of use. However, the general process of legalization includes the following steps:

1.Document Preparation: The document to be legalized is initially prepared by the relevant authorities according to the type of document. This preparation process includes verifying the document and gathering the necessary supporting documents.

2.Local Approval: The competent authorities in the country where the document was issued (usually a notary, the Ministry of Foreign Affairs, or other relevant official bodies) verify the authenticity of the document and provide approval.

3.Consular Approval: The document is approved by the consulate or embassy of the country where the document will be used. This step is necessary for the document to be legally recognized in the destination country.

4.Approval in the Destination Country: In some cases, the document may require additional approval in the destination country. This step is necessary to ensure the document's validity and is carried out by the relevant authorities in the destination country.

Which Documents Are Subject to Apostille and Legalization Procedures?

 Usually required for the following documents:

• Birth Certificates: Documents containing information such as place and date of birth may require apostille or legalization when used abroad.

• Marriage Certificates: Marriage certificates may require apostille or legalization for legal recognition of the marriage abroad.

•Boşanma Kararları: Boşanma kararları, başka bir ülkede yasal olarak tanınması için gerekebilir.

• Educational Certificates: Documents such as diplomas and transcripts may require apostille or legalization to ensure their validity for education or job applications abroad.

• Commercial Documents: Business agreements, trade registry documents, and other commercial papers may require apostille or legalization for legal recognition abroad.

 Considerations for the Procedures

Apostille and legalization processes are procedures that need to be carefully conducted to ensure the legal validity of the document. During these processes, it is important to pay attention to the following points:

•Belgenin Doğruluğu: Apostil veya yasallaştırma işlemi yapılacak belgenin orijinal ve doğru olması çok önemlidir. Sahte veya hatalı belgeler, uluslararası hukuki sorunlara yol açabilir.

• Authorized Authorities: Apostille and legalization processes must be carried out only by authorized authorities. Procedures performed by unauthorized individuals may be considered invalid.

• Timing: These processes can be time-consuming, so it is important to complete the necessary procedures in a timely manner before using your documents abroad.

• Translation Needs: Your documents may require translation. The document that has undergone apostille or legalization must be understandable in the target country. In this case, you may need to obtain professional translation services.

Result

Apostille and legalization are crucial for ensuring the legal validity of documents internationally. These processes ensure that your documents are recognized smoothly in another country. It is important to determine which of these processes is required based on the type of your document and the country in which it will be used. Working with a professional service provider ensures that the processes are carried out accurately and on time. Given the complexity of these procedures, entrusting your documents to reliable hands will ensure the smooth completion of your international transactions.