FREQUENTLY ASKED QUESTIONS
The following information has been verified and cross-checked whenever possible. Any corrections, suggestions and additional information are welcome.
1. What is a certified translation?
In the US, a certified translation is a translation which is followed by a statement of completeness and accuracy (called an affidavit of accuracy or Translator's Certification) signed by the translator along with his or her contact information.
If requested, it can be signed before a notary public. The notary seal assures that the signature is that of the person whose name is listed as the translator and who has appeared before the notary. The notary public does not vouch for the accuracy of the translation but instead serves only to prove that the translator is the person who signed the document.
2. What documents required a certified translation?
Vital records (birth, marriage and death certificates), judicial acts (judgments), affidavits, written declarations and documents registered or deposited in legal courts, administrative documents (criminal records, diplomas, grade transcripts, driver licenses), documents from French notaires such as powers of attorney, sales agreements, patents and many other documents require a certified translation.
In the United States, France, and sixty-seven other countries that are signatory to the Hague Conference on Private International Law (HCCH), often referred to as the Hague Convention, legalization is accomplished by apostillation.
The apostille is a certificate that attests to the authenticity of a signature on a document and the authority of the document’s signer, and, if applicable, the verification of the seal or stamp affixed to the document. The authorities in charge of issuing the apostille are designated by each HCCH member country.
In New York the Secretary of State issues the apostille for official New York documents. We can handle the process for you for a reasonable fee. If you choose to do it yourself see: How to get an apostille?
4. What documents require an apostille?
Vital records (birth, marriage and death certificates), judicial acts (judgments), affidavits, written declarations and documents registered or deposited in legal courts, administrative documents (criminal records, diplomas, grade transcripts, driver licenses), documents from French notaires such as powers of attorney, sales agreements, patents and many other documents, need an apostille when they are to be produced in countries signatory to the Hague Convention.
The process is different whether you need to get an apostille for a birth certificate or a death certificate, or for a marriage certificate.
For an apostille for a birth or a death certificate in New York (all five boroughs), when ordering a birth certificate you must first request a long form copy of the vital record with a letter of exemplification. You then bring or sent the document to the County Clerk’s office where the signatures are verified; you then go (or mail the document) to the Department of State where the apostille is issued for a fee of $10.
For an apostille of a marriage certificate, you must obtain a certified copy of the vital record with an original signature of the City Clerk, then bring or sent the document to the County Clerk’s office where the signatures are verified.
These different offices are walking distance from each other. The four offices involved, the Bureau of Vital Record, the Marriage Bureau, the County Clerk’s office and the New York Department of State accept walk-ins (these different offices are walking distance from each other) and mail services.
The whole process is time consuming. We can handle the process for you for a reasonable fee.
If you choose to do it yourself, see Apostille for Birth or Death certificates in New York City and Apostille for Marriage Certificate in New York City.
6. What is a letter of exemplification?
A page, attached to a New York City long form birth certificate or death certificate, hand-signed by a deputy city registrar and attesting that the attached birth certificate or death certificate is a true copy of the actual record. A requirement for an Apostille.
7. Can a translation be apostilled?
Yes. The translation of the above, after having been first notarized and then certified by the clerk in the county where the notary is commissioned, become a public document and, therefore, can be apostilled by the Department of State to be produced in another country. The most frequent request is the apostille on a translation in French of a judgment of divorce to be sent to to the relevant Tribunal de Grande Instance (TGI).
8. How to Register a Judgment of Divorce in France?
To take effect in France, a divorce pronounced abroad must be acknowledged in the margin of the birth and marriage certificates (see mentions marginales). The parties must get a certified translation of the judgment or decree of divorce and a translation of the certificate of non-appeal, also called a Certificate of Divorce Absolute or, in the County of New York, a Search Certificate. These translations must be apostilled (see Apostille and How to Get an Apostille in the State of New York). The Certificate of Non Appeal stipulates that the divorce is irrevocable and that the time for filing notice of appeal has expired. You may obtain this document at the county clerk's office in the county were the judgment was filed (for more information see Registration of a Judgment of Divorce in France
Under the principle of comity, a court of one country or jurisdiction will give effect to laws and judicial decisions of another country or jurisdiction, not as a matter of obligation but out of "courtesy", i.e. deference and mutual respect.Under the principle of comity, a divorce obtained in another country under the circumstances described above receives "full faith and credit" in all other states and countries that recognize divorce.However, if one of the spouses contests the effects of the judgment in France, or wants to execute this judgment in France against the other spouse (alimony, seizures of goods or money, visits and lodging of the children), the court may decide to enter an order, called an exequatur, to enforce the foreign judgment.
10. What is a certificate of non-Appeal?
When one party in a US-granted divorce is a French citizen, the divorce must be registered and officially recognized in France as well.
The Consulate General of France may not register a second marriage until the divorce has been registered and noted in the Margin of the birth and marriage certificate of the concerned party.
To have this done, the parties must obtain a certified translation of the divorce and the certificate of non-appeal (also called Certificate of Absolute divorce or Search Certificate), The Certificate of Non-Appeal stipulates that the divorce has not been appealed in the time period given for such an appeal and it is final and irrevocable.
11. Will my document need to be notarized?
That will depend on the type of document and the party and location of the person to whom the document will be presented. If a notarization is required, it is usually specified by the requesting party.
We notarize all our translations into English. We notarize translations into other languages when an Apostille for the translation is needed.
The notary public in the U.S. has a more limited role than the French notaire. She/he may administer oaths and statutory declarations, witness signatures and perform other acts that vary from jurisdiction to jurisdiction. Most banks, county offices, insurance companies, and credit unions have a notary public on staff.
Our clients occasionally ask us to have our signature on a translation notarized. Although it usually is not legally required, we can provide this service.
A notaire is a public officer whose role is to receives and drafts legal instruments, contracts, and other important documents to give them the official weight that is often required by the receiving party.
He/She intervenes in real estate transactions, wills and many other matters. They have very little in common with the U.S. notary.
The legal training and authority of a notaire in France and a notary public in the United States are quite different. A notaire is part of the French legal system. Notaires follows legal studies much like American lawyers do. They receive and drafts legal instruments, contracts, and other important documents to give them the official weight that is often required by the receiving party.
14. What is a certificat de coutume?
Memorandum on the applicable foreign law, drawn up on behalf of the party by a person familiar with such a law, usually an attorney.
Such a certificate may be required by a French mairie (City Hall), a French notaire or a bank for the purpose of estate settlement. It is created based on the attorney's examination of the individual's documentation (divorce decree, death certificate of spouse, etc.,) and verification and citation of the applicable marriage laws of the United States.
In English “affidavit of law” and more rarely “foreign legal opinion”.
15. What is an acte de notoriéte?
When an estate is involved it is a type of "affidavit of heirship" or "Affidavit of kinship," i.e. a statement which notes the names of all the deceased's next of kin and their relationship to the deceased.
16. What is a certificat de celibat?
Sworn statement which affirms that the person named is not already legally married and is free to marry under the laws of the country that requires the affidavit.
Also called “affidavit of marital status”, “certificate of celibacy”, “certificate of non-impediment” and “certificate of freedom to marry.” Needs to be signed before a notary public.
17. What is a secure transaction?
Data sent between browsers and web servers are usually sent in plain text leaving the communicating parties vulnerable to eavesdropping and hacking.
SSL (Secure Sockets Layer) is a standard security technology for establishing an encrypted link between a server and a client—typically a web server (website) and a browser; or a mail server and a mail client.
SSL allows sensitive information such as credit card numbers, social security numbers, and login credentials to be transmitted securely. Our website has a SSL certificate.
18. How to get a copy of a birth certificate?
See Birth Certificate Request form
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19. How to get a copy of a death certificate?
See Application for a Death Record
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20. How to get a copy of a marriage certificate?
See Mail Request for Marriage Record
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21. How to get a certificate of non-appeal?
From the Court Clerk's Office
See New York Search Certificate and New Jersey Certificate of Non-Appeal
