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  1. #1
    Join Date
    Feb 2009
    Posts
    3

    Default Can DNA Tests Be Used to Prove Native American Blood Quantum

    This may not be a Family Law issue, Im just not sure what this falls under.

    I currently reside in New York state, was born in Florida and am seeking legal advice regarding a matter in North Carolina.

    I am a adult of Cherokee Indian (Eastern Band) descent. My paternal grandfather was full-blooded. I would like to obtain tribal affiliation with the Cherokee Nation, however, I am not able to produce all the documentation needed. In order to be recognized by the tribe you have to be;

    1. at least 1/32 Cherokee (no problem here, but how to prove it?)
    2. be able to trace your ancestry to the 1929 Baker Census Poll (here is where you prove it and thus my crux)

    Because my family is very split up and many relatives have been lost over the years, I am unable to trace my lineage to that poll based on the names of the family member that were alive at that time. I'm sure I have other relatives that were alive then and on the roll, but there isnt much I can do about that without getting deep into genealogy.

    I have seen several breakthroughs in DNA testing lately that are able to determine your various ethnicities based on halotropes. Now, Ive researched the science and the labratories offering this service, so I dont doubt that the science is legitimate.

    What Im wondering is if there is any legal precedent for using DNA testing to prove my exact proportion of Native American blood that could be used to get me into the tribe?

    **this is a very brief description of a complicated story, Im happy to provide more information if someone is knowledgable about this type of law**

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,072

    Default Re: Can DNA Tests Be Used to Prove Native American Blood Quantum

    What Im wondering is if there is any legal precedent for using DNA testing to prove my exact proportion of Native American blood that could be used to get me into the tribe?
    No, and that's not how the testing works, anyway.

    The testing doesn't break down with the granularity that you would need. X% of Native Americans sharing your haplogroup does not translate into "You're X% Cherokee".
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

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