How to Obtain Civil Documents from Non-Hague Convention Countries

When the foreign spouse comes from a country not part of the Hague Apostille Convention, the procedure for obtaining and using documents in Romania is more complex. Since these countries do not issue apostilles, the documents must be legalized through diplomatic channels.

Key Concepts to Understand

To clarify this process, here are some essential points:

  1. Translation and Legalization: Every document in a language other than Romanian must be translated into Romanian by an authorized translator and certified by a Romanian notary to be accepted by local institutions.
  2. Diplomatic Route: Countries without reciprocal treaties “communicate” exclusively through their embassies/consulates and the Ministries of Foreign Affairs.
  3. Multi-Step Legalization (Supralegalizare): Any document destined for Romania must follow this sequence (and vice-versa):
    • Legalization by the local Chamber of Public Notaries (Camera Notarilor Publici) – required since the Ministry cannot vouch for every individual notary office in the country.
    • Legalization by the Romanian Ministry of Foreign Affairs (MAE – Ministerul Afacerilor Externe) – required since the Ministry can only vouch for Notary Organizations (Camere Notarilor Publici) of every single Romanian province (Judet).
    • Legalization by the embassy or consulate of the foreign country in Romania – because the foreign embassy only dialog with the Romanian Ministry of External Affairs.

Only after these steps will the document be able to travel from and to Romania.

Typical Documents Required in Original

  • Birth certificate
  • Certificate of no marriage (or single status)
  • Divorce or death certificates/decisions (if previously married)

1. Drafting and Signing the Special Power of Attorney in Romania

  • The Special Power of Attorney (SPA) must state clearly what powers you give (e.g., to obtain a copy of your birth certificate, certificate of single status, etc.).
  • You sign the SPA in front of a Romanian Notary Public, who verifies your identity and authenticates the document (please read my previous Important Note).

2. Translation and Legalization in Romania

  • The SPA must be translated into the official language of your country of origin.
  • The translation is done by a sworn translator and authenticated by the Romanian notary. It is much easier if your notary has an in-house translator and is able to prepare a bilingual document.
  • Since the Romanian Ministry of Foreign Affairs recognizes only since the Romanian Ministry of Foreign Affairs recognizes only public notary organizations and not individual notaries, you need to first a supra legalization from “Camera Notarilor Publici” of the city or district in which you live.
  • Since your country is not part of the Hague Convention, the next step is consular legalization.

3. Legalization by the Romanian Authorities and the Foreign Consulate

  • After notarial authentication, the SPA must be legalized by both:
    1. The Romanian Ministry of Foreign Affairs (Direcția Consulară).
    2. The Embassy or Consulate of your country in Romania, which places a final legalization stamp.
  • Only with these legalizations, your representative can use the SPA in your home country.

4. Sending the Document Abroad

  • Once fully legalized, the SPA and its translation are sent by courier (DHL or another reliable service) to your trusted representative in your home country.

5. Your Representative’s Role in the Home Country

  • With the legalized SPA, your representative can request the necessary certificates at the civil registry in your country.
  • Since your country is not part of the Hague system, those certificates must also go through a legalization process before they can be used in Romania. This usually means:
    • Legalization by the Ministry of Foreign Affairs in your home country, and
    • Legalization by the Romanian Embassy or Consulate in that country.

6. Returning the Documents to Romania

  • Once the documents are issued and legalized abroad, they are sent back to you in Romania and will be valid after going the following additional chain
    • Legalization by the embassy or consulate of the issuing country in Romania (so Romania can recognize the origin).
    • Translation into Romanian by a sworn translator that will also provide a first legalization (a notary, with a fiduciary relation with the translator, certifies the translator’s signature — Never try to translate in a place and legalize in another).
    • Supralegalization by the Chamber of Public Notaries (Camera Notarilor Publici) — this confirms that the Romanian notary is recognized.
    • Legalization by the Romanian Ministry of Foreign Affairs (MAE – Ministerul Afacerilor Externe) — this is the final step that makes the document valid for use with Romanian authorities.

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