Two kinds of certified copy
- County clerk / recorder copy — a certified copy of the recorded license and certificate from the county that issued the license. This is what most couples hold.
- State vital records copy — a certified copy or certificate of marriage issued by the state registrar from the state’s index.
Which one the apostille office prefers varies:
- Some states apostille the county clerk’s certification directly, as long as the clerk’s signature is on file (Texas, California for county-registrar copies, Florida — where clerk-certified records carry a higher $20 fee because the Department of State attaches a certificate of incumbency).
- Some states require the state registrar’s copy for apostille, or require the county clerk’s certification to be authenticated by the county first.
- A few states’ vital records offices do not issue marriage certificates at all (the record exists only at the county), so the county copy is the only option.
The state page for the state of marriage lists the rule.
Marriage license vs. marriage certificate
The license authorizes the marriage; the certificate (often the same document, completed after the ceremony and recorded) proves it occurred. Apostille the recorded certificate, i.e. the certified copy showing the officiant’s return and the recording date. An unrecorded license or the decorative certificate from the officiant or church is not a public record.
Name on the record
Foreign authorities compare names across the entire file. If a spouse changed their name after marriage, the marriage certificate is usually the document that explains the discrepancy, so it is apostilled together with the birth certificate even when only one is “required”.
Common destinations and their rules
- Spousal residency in Spain, Italy, Portugal, Germany, Mexico, Brazil, Colombia — apostilled marriage certificate (often issued within the last 6–12 months) with sworn translation.
- Citizenship by descent — every marriage in the lineage; long-form copies showing parents’ names are preferred by Italian consulates.
- Gulf family sponsorship (UAE, Qatar, Kuwait) — authentication plus embassy legalization and Arabic translation; Saudi Arabia accepts apostilles since 2022.
- Foreign pension and survivor benefits — apostilled marriage and death certificates.
Translation and recency
Translate after the apostille. Civil registries abroad frequently require a copy issued within 3–12 months; order a fresh one close to the filing date.
Common reasons for rejection
- Unrecorded license or decorative church certificate
- County copy sent to a state that requires the state registrar's copy
- Clerk's signature not on file at the Secretary of State
- Copy older than the destination's recency window
- Laminated copy
Frequently asked questions
Can I apostille the certificate the officiant gave us?
No. Only the certified copy of the recorded certificate from the county clerk or state registrar is a public record.
Does the apostille go on the license or the certificate?
On the certified copy of the recorded marriage record, which usually combines both.
We married in Las Vegas but live in Florida. Where is it apostilled?
By the Nevada Secretary of State. The Clark County Clerk’s certified copy is the document.
