Apostille or Embassy Legalisation: What the United States Requires

Last reviewed: 26 September 2026. In the United States, requirements are set by the state, county, company or agency receiving your document. Nothing on this page replaces confirming the position with it.

A document signed in Australia for use in the United States can be made usable in three different ways, and the US Embassy and Consulates in Australia describe all three. Just as important are the US requests a notary cannot satisfy at all: a medallion signature guarantee, and copies of identity documents for an IRS tax number. Knowing which request you have in front of you saves an appointment.

Check the current position before acting on this or any other page. Convention membership is a live fact. Confirm the United States' status against the HCCH status table on the day you start. The US has been a party since 1981, so where a US body wants an Australian notarisation authenticated, an apostille is the expected route.

Three routes for a document signed in Australia

1. A US consular officer

The US Embassy states that notarial services are available for all nationalities by appointment, for documents to be used in the United States. Consular officers take acknowledgments (used for deeds, powers of attorney, bills of sale and business documents) and administer affidavits. The result is a US notarial act, so no DFAT step is involved.

The embassy's conditions:

• Bring a current government-issued photo ID; the name must match the name in the document
• Complete the document beforehand, but do not sign it; you sign in front of the consular officer
• Bring your own witnesses if the document needs them
• Understand the document yourself; the officer cannot explain it

2. An Australian notary and a DFAT apostille

The embassy describes this as a two-step process that does not involve the US consulates: sign before an Australian notary, then have DFAT apostille the notary's signature and seal. It adds that you should check with whoever requested the document that an apostille is acceptable.

This is the route to use if a consular appointment is hard to get, or if the document also needs features only an Australian notary provides.

3. Remote online notarisation by a US notary

The embassy notes that remote online notarisation is permitted in some form in many US states, and suggests checking the relevant state's notary handbook. This is a US notary acting under US state law, not an Australian service. Whether the receiving party accepts it is their decision.

Things a notary cannot do for you

Medallion signature guarantee. US share registries and transfer agents sometimes ask for one. The US Embassy states that only a financial institution in the SEC's medallion programme can provide it. Neither a notary nor the embassy can. If you cannot get one, the embassy suggests contacting the transfer agent or issuer for alternatives.

Copies of identity documents for an ITIN. The IRS says notarised copies are not accepted for Individual Taxpayer Identification Number applications. It accepts originals, or copies certified by the agency that issued the document. The US consulates in Australia offer a mail-in certification service for ITIN applications. A notarised copy of your passport will be rejected, whatever it cost.

An apostille on your document. The US Embassy states that US embassies and consulates have no authority to affix an apostille. For an Australian document, that is DFAT.

A Justice of the Peace certification. The US Embassy states that Australian JPs are not recognised in the United States.

A note on US expectations

A US notary public is typically a commissioned lay witness. An Australian notary is usually an experienced lawyer appointed under state or territory arrangements, usually by the Supreme Court, and the act is more formal. A US title company or attorney may send a document with a US-style acknowledgment block and expect a quick signature. Show the document to the Australian notary beforehand: they may attach their own notarial certificate rather than complete a block written for a US state, and the receiving party should confirm it will accept that.

Real estate, estates and companies

Each US state, and often each county recorder, has its own rules on recording a deed or accepting a power of attorney signed abroad. There is no single US answer. Ask the title company, attorney or registered agent:

• Will you accept an acknowledgment by a US consular officer?
• Will you accept an Australian notarial certificate with a DFAT apostille?
• Do you need original wet-ink documents, and where should they be sent?

Frequently asked questions

Can the US Consulate apostille my Australian birth certificate? No. DFAT apostilles Australian public documents. The US Embassy refers people to DFAT for this.

I have a US document to use in Australia or elsewhere. Who apostilles it? Not DFAT. US state documents, such as state birth certificates, are apostilled by the issuing state's authority; US federal documents by the US Department of State. The US Embassy links to both.

How long does it take? It depends on appointment availability and DFAT processing. Do not plan to a figure quoted on a blog, including this one.