May 5, 2004, 5:49 PM
Post #19 of 24
Seems to me, based on the last post, that your British birth certificate would have to be apostilled in its place of origin--i.e., England, if that's where you were born.
Yes, if it is the birth certificate itself that is being apostilled. However, Sandy's post indicates she is getting the translation of the birth certificate notarized and apostilled, which translation would be taking place in Miami.
Where Sandy was born is irrelevant, and where the birth certificate was issued is irrelevant if the birth certificate itself is not notarized. As I stated, it is only where a document is notarized that counts as far as the issuance of an apostille is concerned in the United States.
If the birth certificate translation is notarized in Miami, then the Florida secretary of state is the only one who can properly apostille the Miami notary's signature.
Please note the distinction that it is not the birth certificate itself that is being certified or notarized, according to Sandy's scenario. The notarization in Sandy's situation pertains only to the translation.
Example: I, Marie McC, have done a translation of Sandy's birth certificate from English into Spanish at Marie's Translation Shop in downtown Miami. I make out a certificate saying that it is a true and accurate translation, and I put that certificate at the end of the translation. Sandy has told me that she needs the translation notarized, so I staple the copy of her birth certificate which she has given me, the original translation, and my original Certificate of Translation Accuracy together and take it to a notary public in downtown Miami that I found in the phone book. I then sign the Certificate of Accurate Translation in front of the notary who notarizes my signature. This document (the translation with the attached photocopy of the birth certificate and the notarized Certificate of Translation Accuracy) can now be presented to the Florida Secretary of State for issuance of an apostille.
The notarization only means "I, the notary who signs below, have seen a photo I.D. of this person, or I know this person personally, and she is in fact Marie McC, the person who signed the Certificate of Accurate Translation." The notarization verifies a signature, not a document. I'm a notary myself in the District of Columbia, so I'm very familiar with these issues.
Be aware that a document which is to be notarized, such as the certificate of accurate translation in this example, must be signed in the presence of the notary. That is critical, so Sandy should tell the translating service at the time she makes her request for a translation that she needs the translation notarized. As a Washington DC notary, if someone came to my office and asked me to notarize a signature on a document that had already been signed before he brought it to me, I would never do it. Why? Because I did not see the person sign it and therefore was not able to verify the signer's identity.
It is a separate question whether the Mexican Consulate requires the birth certificate to be certified or apostilled, which could only be done where it was issued, in this instance, in the U.K. This question is best discussed with your nearest Mexican Consulate.
Certification is a guarantee of the authenticity of a document.
Notarization is a guarantee of the authenticity of a signature of someone who signed a document.
Apostille is a guarantee of the authenticity of the signature of the notary who notarized a document.
(This post was edited by mariemcc on May 5, 2004, 8:13 PM)