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Apostille for a Driver's License or Passport Copy: What Can't Be Apostilled and the Workaround

2 hours ago
5 min read

Foreign authorities often ask for a certified copy of your passport or an apostilled copy of your driver's license. People then discover that nobody will apostille the card or the passport book itself. The workable route is a notarized document that goes with a copy of the ID, and whether your state allows it depends on its notary law. This guide explains what can be authenticated, how the workaround functions, and what to confirm before you pay.

Short answer: You cannot get an apostille on the physical passport or the plastic card. What can be apostilled is a notarized document that accompanies a copy of the ID: either a copy certification by a notary, in states that allow it, or a statement you sign before a notary saying the copy is true. Because states disagree on whether notaries may certify ID copies, confirm the rule with the apostille office before you spend money.

What can and cannot be authenticated

Item

Apostille possible?

Notes

Your physical passport book or driver's license card

No

An apostille authenticates a signature on a paper document, not an identity document

A copy certified by a notary

Sometimes

State notary law decides

A custodian statement you sign, notarized, with a copy attached

Sometimes

Used where notaries cannot certify copies

Passport application records and Consular Reports of Birth Abroad

Yes, by the federal route

The U.S. Department of State's Passport Services handles apostilles on passport and consular vital records


The last row is easy to confuse with the first. The Department of State's own manual says Passport Services processes apostille requests for passport and consular vital records, such as passport applications and Consular Reports of Birth Abroad. That is different from authenticating the passport you carry.

Why the answer changes from state to state

Notary laws on copy certification differ widely, and the apostille office can only authenticate what the notary was legally allowed to do:

  • Illinois. The National Notary Association says a notary there is authorized to certify a copy of a driver's license, as long as the notary compares the original with the copy and attaches a proper certificate.

  • Texas. The Secretary of State's apostille page lists copies of a passport and a driver's license as items a notary may certify when the originals are not filed with a state, county, or city office. The National Notary Association has reported that the office clarified that notaries may not certify a copy of a passport or driver's license. Confirm the current rule with the office before you pay.

  • California. According to the National Notary Association, California notaries may only certify copies of powers of attorney or copies of their own journal entries.

  • Michigan. The Secretary of State says notaries may not certify copies of any records or documents.


Where a notary cannot certify a copy, the fallback is copy certification by document custodian. You sign a statement that the attached copy is a true copy of your original, and the notary notarizes your signature. Not every apostille office accepts this for every document, so ask.

The workaround, step by step

  1. Ask the apostille office in the state of your notary: will you authenticate a notary's copy certification, or a notarized statement, for a copy of a passport or driver's license?

  2. Make a clear color copy of every page or side that carries information: the photo page of a passport, or the front and back of a license. In some states the notary has to make or supervise the copy, so bring the original.

  3. Choose the method. Either the notary certifies the copy, where state law allows it, or you sign a custodian statement. A general version of the statement reads: I swear or affirm that the attached is a true, correct, and unaltered copy of my original document, which is in my possession. The notarial certificate itself must follow your state's approved wording.

  4. Complete the notarization in front of the notary with your ID. The ID has to belong to the person signing. Texas's guidance says any identifying document must belong to the signer.

  5. Add any county step your state requires. See county clerk certification before the state apostille.

  6. Send it to the Secretary of State for the notary's state, with the request form and fee.


Questions to ask the receiving authority first

  • Do you want an apostilled copy, or is a notarized copy enough?

  • Do you need the original ID presented in person, or only a copy?

  • Does the copy need a certified translation?

  • How recent does the notarization need to be?


Many foreign authorities only need a notarized or certified copy and do not ask for an apostille on an ID. An apostille adds time and cost, so ask before you order it.

Common mistakes

  • Assuming that because one state allows it, every state does.

  • Mailing the original passport or license to an apostille office.

  • Signing the custodian statement before you are in front of the notary.

  • Using a notary in a state where the apostille office will not accept that kind of copy certification.

  • Using a remote notarization where the apostille office does not accept it. See remote online notarization before apostille.


Frequently asked questions

Can the State Department apostille my passport?

Not the passport book you carry. The department does apostille certain passport and consular records, such as passport applications and Consular Reports of Birth Abroad.

Can a notary refuse to certify my ID copy?

Yes. If your state's notary law does not allow it, a notary has to decline.

Does an apostille prove my identity?

No. It authenticates the notary's signature and capacity. The receiving authority decides how much weight to give the document.

Do I need this for a visa application?

Often a plain or notarized copy is enough. Ask the consulate what it wants before you pay for an apostille.

Can I use an expired ID?

That depends on what the receiving authority and the notary accept. Ask both before you start.

Need help getting this apostilled?

American Apostille handles state and federal apostilles for clients across the United States and abroad. Contact us with your document and destination country, and we will confirm the route before we start. Pay after it's done. No upfront payment.

Related guides


Sources


Last reviewed October 2026. Requirements change and vary by state, agency, and destination country. This article is general information, not legal advice.

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