Glowing padlock on a tablet representing apostille rules for scanned and copied documents

Can You Apostille a Photocopy, Scan, or Notarized Copy?

58 minutes ago

5 min read

People ask this question the night before a deadline: I only have a copy, can it still get an apostille? The honest answer is that it depends on the type of document, the state, and what the foreign authority will accept. This guide sorts out which documents need an original, which can be handled through copy certification, and what to do when the state will not allow it.

Short answer: For public records such as birth, death, and marriage certificates and court records, no. You need a fresh certified copy from the office that issued it. For some private documents, such as a passport, license, or diploma, a copy can be apostilled when it is certified in a way your state allows, either by a notary or through a signed statement you make before a notary. Scans and emailed files are not accepted by most apostille offices.

Why originals matter

An apostille is attached to an original document or to a certified copy issued by the official custodian of the record. It authenticates a signature. A photocopy has no official signature to authenticate. So the office needs something that carries one: the issuing official's signature on a certified copy, or a notary's signature on a notarial certificate.

Foreign authorities often feel the same way. Spanish consular guidance, for example, says apostilled photocopies cannot replace the original document. Ask the receiving authority what it expects before you decide how to prepare your copy.

Which documents can have a copy apostilled?

Document	Can a copy be apostilled?	What to do instead
Birth, death, and marriage certificates	No in most states, because they are recorded public documents	Order a new certified copy from the issuing office
Court records and divorce decrees	No notarized copies of public records	Get a certified copy from the court clerk
FBI background check and other federal documents	Send the original, not a copy, to the U.S. Department of State	Keep the original sealed and unaltered
Diplomas and transcripts	Depends on the state and the school	Registrar certification or a notarized statement
Passport, driver's license, other IDs	Depends on the state	Notary copy certification where allowed, or a custodian statement
Letters, affidavits, contracts	Use the signed original	Notarize the original signature, not a copy

Texas's Secretary of State describes recordable documents, such as vital records, as documents that cannot be notarized or turned into certified copies by a notary. Michigan goes further and states that its notaries are prohibited from issuing certified copies of any records or documents.

Two ways to certify a copy of a private document

Method 1: copy certification by a notary

In states that allow it, the notary compares your original with the copy, completes a copy certification certificate, and signs and stamps it. The apostille office then authenticates the notary's signature. Rules differ by state. Some require the notary to make the copy personally, some require the original to be present, and some forbid the practice altogether. California notaries, for instance, are limited to certifying copies of powers of attorney or their own journal entries, according to the National Notary Association.

Method 2: copy certification by document custodian

Where a notary cannot certify a copy, a signed statement by the person who holds the original can fill the gap. You sign a statement saying the attached copy is a true and unaltered copy of your original, and the notary only notarizes your signature on that statement. The apostille office then authenticates the notary's signature on your statement. Whether this works for a given document depends on the state and on what the destination country will accept.

What the state offices actually say

State guidance is not always consistent, which is why calling the office first is worth the time:

Texas. The Secretary of State's apostille page lists copies of documents such as a passport or driver's license as items a notary may certify when the original is not filed with a state, county, or city office. The National Notary Association has reported, however, 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 for notarization.
Illinois. The National Notary Association says an Illinois notary is authorized to certify a copy of a driver's license, provided the notary sees the original and attaches a proper certificate.
Michigan. The Secretary of State says notaries may not certify copies.

What about scans and emailed documents?

Most apostille offices need the physical document. South Dakota's Secretary of State, for example, says all original documents must be mailed and that it cannot process documents that are emailed or faxed. A few states have started issuing electronic apostilles for electronically notarized documents, but that is a narrow exception, and the receiving country has to accept it.

Remote notarization raises its own question. Some states accept remotely notarized documents for apostille, and others do not. Delaware's Division of Corporations says it will not accept documents notarized remotely or electronically for apostille. See our guide on remote online notarization before apostille.

Step by step for a private document

Ask the receiving authority whether it accepts a certified copy or requires the original.
Ask the apostille office in the state of the notary whether it will authenticate a notary copy certification or a custodian statement for your document.
Make a clear, complete copy, including every page and both sides where needed.
Have it certified the way the state allows, by a notary or through your signed statement.
Add any county step your state requires. See county clerk certification before the state apostille.
Send the original paperwork to the apostille office with its request form and fee.

Frequently asked questions

Can I apostille a copy of my birth certificate?

Generally no. Order a new certified copy from the vital records office. See long form vs short form birth certificates.

Does a notary stamp turn a photocopy into an original?

No. A notary stamp on a copy shows the notary certified the copy, in states that permit it. It does not turn the copy into an original.

Do I need the original document with me?

Many states require the notary to see the original, and some require the notary to make the copy. Bring the original.

Can I apostille my passport?

The apostille office does not attach an apostille to your physical passport. People use a certified copy or a custodian statement where the state allows it. See apostille for a driver's license or passport copy.

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.