2
Definitions – NYCOURTS.gov
1-800-COURT-NY
Apostilles: [link to NY Dept of State; accessed 10/22/18] * Per OCA COunsel's office: when seeking the
order, the Supreme Court is the court of unlimited general jurisdiction and therefore will always be a
"court of competent jurisdiction" for such orders. However, other courts may be considered a "court of
competent jurisdiction" depending on whether the legislature has empowered them with issuing such
an order. For instance, the surrogates and family courts have jurisdiction over adoptions and thus likely
have the power to issue an order for a birth c
ertificate. A criminal c
o
urt would be able t
o
sign an order
for the DA to secure a defendant's birth certificate where there is an issue whether defendant can be
charged as an adult. Note that the court would only be able to issue such an order because it relates to
matters appropriately before the court. Thus, beyond the supreme court, one would have to
understand the circumstances underlying the reason a person is requesting the order and whether the
court they are petitioning has jurisdiction to issue that order. [Information obtained from 1-800-Court
NY topic page accessed 10/22/18]
Official Verification of Name, Supreme Court, Civil Branch, New York provides explanation of procedure
to obtain an apostille. Frequently required for name, birth, marriage, etc. . [accessed 10/22/2018]
Federal Law
Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (1961) 33
UST 883, TIAS No. 10072 [1976].
28 USCA Fed. R. Civ.
P. 44 Pro
ving an official record.
-- Treaty reprinted her
e with annotation
s.
Text of Hague Treaty with list of signatories on The Hague Conference on Private International Law
website.
Federal Law – Secondary Sources
Dept of State. Legal Resources, International Judicial Assistance. Authentications and Apostilles [accessed
10/18/22] Provides information for countries that have signed the 1961 Hague Convention and countries
John S. Child, Jr. Practical Guide to Document Authentication. Westlaw. Updated annually lists
requirements and official offices for many countries.
Peter Roudik, Library of Congress Global Legal Monitor. International: Electronic Apostille Program
Developments [March 16, 2017]
CPLR 4542 Proof of foreign records and documents