Apostille and consular legalization of documents in India

Schmidt & Schmidt covers the full spectrum of legalization services for documents issued in India.

India joined the Hague Convention on the Simplified Authentication of Documents on 26 October 2004; the Convention entered into force on 14 July 2005.

The apostille, or the “Hague apostille” is a certificate that authenticates the origin of a public document (e.g., a birth, marriage or death certificate, a judgment, an extract of a register or a notarial attestation). It confirms the authenticity of the signature and the authority of an official who signed the public document.

Documents issued in India are certified with an apostille in accordance with the Hague Convention of 1961 are recognized in all Member States of the Hague Convention and do not require any other form of certification, such as consular legalization, which considerably reduces the costs and time required for the certification of documents. So far, more than 120 states have joined the Convention.

The apostille is not sufficient for use in the states that are not party to the Hague Convention. In this case, consular legalization applies to a public document.

Designated Competent Apostille Authorities in India

In India, the responsibility for issuing an apostille lies with the Ministry of External Affairs of the Government of India. The specific department handling these matters is headed by the Joint Secretary (Consular), MEA. Their office is located in the CPV Division at Patiala House Annexe on Tilak Marg, New Delhi.

When seeking an apostille in India, there are two primary procedures one can follow. The first method involves obtaining state attestation before proceeding to the MEA apostille. There's also an option to directly approach the MEA for an apostille, bypassing the state attestation process altogether. Regardless of the chosen procedure, the fee for the apostille service is set at a nominal rate of Indian Rs. 50.00.

The authorities will carefully examine the document to verify if the signatures, stamps, or seals align with their own records. If they are confirmed to be authentic, the document will be legalized by affixing an 'apostille' (an officially stamped certificate).

The apostille in India is a square stamp in Hindi, English or other official languages of India with the obligatory heading "Apostille" and a reference to the 1961 Hague Convention in French (Convention de La Haye du 5 octobre 1961). The apostille certificate’s sides will be at least 9 centimeters long.

Types of documents

Specific aspects and document requirements for the apostille in India

India is among the 120 countries that recognize and issue apostilles in accordance with the Hague Convention of 5 October 1961. The apostille serves as a confirmation of the official status of a document.

The apostille process can vary depending on the sender and recipient country, but typically to obtain an apostille for a document in India, you must generally go through the following steps:

1. Get the document notarized by a local notary public.
2. Get the notarized document attested by the Home Department of the state where the document was issued.
3. Get the attested document apostilled by the Ministry of External Affairs (MEA) in India.

This process can be time-consuming, especially if it includes multiple documents and different countries. To ensure a smooth and accurate apostille process, it is recommended to seek guidance from specialists familiar with the requirements and procedures. Their expertise can help avoid delays and errors in obtaining documents apostille.

Document requirements that might apply:

• The document must be an original or a certified copy issued by the competent authority.
• The document should contain all relevant and accurate information.
• The document must be in the official language of the issuing country or translated into the official language of the country where the apostille is sought.
• The apostille must be affixed by the designated competent authority in accordance with regulations.

The process of legalization will vary depending on the type of document and the countries involved, as unlike the apostille, there is no uniform format.

Legalization of India educational documents for use abroad

For educational documents issued in India, such as school reports, university degree certificates, transcripts of records, enrollment certificates, and other school or university certificates, to be recognized and valid abroad, they must undergo an authentication process through legalization.

In general, the procedure for legalizing educational documents from India will involve authentication by the Ministry of External Affairs The documents must bear a stamp and signature accredited by the responsible body.

Such an approach ensures that educational documents possess the necessary legal authority, allowing them to be recognized and used across various countries. While these are general procedures, the exact requirements may vary, so it is advisable to confirm the specific steps with the relevant authorities.

Recognition of the authenticity of public documents

India is a part of the following international treaties:

• The Convention from 5 October 1961 that Eliminates the Need for Legalization of Foreign Public Documents;
• The Convention from 15 November 1965 concerning the International Service of Judicial and Extrajudicial Documents in Civil or Commercial Affairs;
• The Convention from 18 March 1970 regarding the Collection of Evidence Overseas in Civil or Commercial Cases;
• The Convention from 29 May 1993 focused on the Protection of Children and Cooperation in International Adoptions.

Consular legalization of India documents for use abroad

Consular legalization is the process of authenticating or certifying a legal document so a foreign country's legal system will recognize it as with full legal effect that is carried out by the diplomatic or consular mission of the country in which the document is to be used.

This procedure is required when the destination country does not recognize or accept the apostille certification. One needs to submit the original document, along with any required copies or supporting materials, to the respective consular office. The consular officials will review the document, verify its authenticity, and affix their seal or stamp to certify its validity.

The consular legalization process may require additional steps like obtaining translations of the document into the language of the destination country or providing additional supporting documentation as requested by the consular office.

It is up to the diplomatic mission to decide about the authentication procedure
The specific requirements and procedures for consular legalization may vary depending on the regulations of the destination country.

The main differences between an apostille and consular legalization of documents

The common feature between apostille and consular legalization is that they authenticate an official document for presentation to institutions in another country. However, they have many differences.