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I want to ask a lawyer a question.

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posted on Jul, 22 2018 @ 12:04 AM
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My wife was adopted, she is one half Cherokee indian, when she was adopted her adoptive parents signed away any rights she might have jas as a native American. Can she get those rights back and would this apply to our children?




posted on Jul, 22 2018 @ 12:13 AM
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a reply to: Czulkang

It would depend on what kind of benefits you are looking to receive. Generally, I would say she doesn't have those rights in American law because of the adoption. Just my two cents. Why are you looking for benefits for this in the first place, if I may ask?



posted on Jul, 22 2018 @ 12:41 AM
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a reply to: Czulkang

I'm not a lawyer but it seems to me wife could trace back and find birth parents, link with tribal elders as a possible source for resolution? DNA confirming bloodline?

What a rotten thing for adopting parents to force such an abandonment of birthrite.



posted on Jul, 22 2018 @ 12:42 AM
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a reply to: Czulkang

An adoption does not change who you are.

A parent or guardian should not be able to extinguish a god given right.

The law may see it differently unless you make a big stink.

Think, writing to the President, it sounds like someone is taking your child's rights away.

P



posted on Jul, 22 2018 @ 12:50 AM
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a reply to: Czulkang

Can she trace her lineage to the Dawes Roll? Then she would have a case. If not, she likely ... does not have a case.



posted on Jul, 22 2018 @ 01:20 AM
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a reply to: Atsbhct

Interesting:


The Dawes Rolls, also known as the "Final Rolls", are the lists of individuals who were accepted as eligible for tribal membership in the "Five Civilized Tribes": Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles. (It does not include those whose applications were stricken, rejected or judged as doubtful.) Those found eligible for the Final Rolls were entitled to an allotment of land, usually as a homestead.

The Rolls contain more than 101,000 names from 1898-1914 (primarily from 1899-1906). They can be searched to discover the enrollee's name, sex, blood degree, and census card number. The census card may provide additional genealogical information, and may also contain references to earlier rolls, such as the 1880 Cherokee census. A census card was generally accompanied by an "application jacket". The jackets then sometimes contain valuable supporting documentation, such as birth and death affidavits, marriage licenses, and correspondence.

Today these five tribes continue to use the Dawes Rolls as the basis for determining tribal membership. They usually require applicants to provide proof of descent from a person who is listed on these rolls. ( Contact the tribes directly for enrollment information). www.archives.gov...



posted on Jul, 22 2018 @ 01:31 AM
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a reply to: IgnoranceIsntBlisss

It's an easy way for tribes to weed out claimants who may just be after some benefits.

I suspect that the OP's wife will have to prove lineage and then appeal to her biological parents tribe for acceptance. She doesn't necessarily have to go to court to do this, it's up to the individual tribes to ultimately accept her.
Depending on what tribe, benefits could range from.... almost nothing to at least some casino profits, or a home on reserve, some scholarships, etc.



posted on Jul, 22 2018 @ 01:37 AM
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a reply to: Atsbhct

I thought natives benefits was a DNA scale based thing 1/16th, 1/8th, etc. Like with college and stuff. Never heard of that bit.



posted on Jul, 22 2018 @ 01:46 AM
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originally posted by: IgnoranceIsntBlisss
a reply to: Atsbhct

I thought natives benefits was a DNA scale based thing 1/16th, 1/8th, etc. Like with college and stuff. Never heard of that bit.

With Cherokee it is maternal heritage..



posted on Jul, 22 2018 @ 01:50 AM
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With most tribes of the Cherokee nation the lineage is traced back through the birth mother's maternal side.
However , I am not an attorney.
I would invest in one if I felt it a need


edit on 7/22/18 by Gothmog because: (no reason given)



posted on Jul, 22 2018 @ 01:51 AM
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a reply to: IgnoranceIsntBlisss

It's tribal acceptance that actually counts in the US. If the OPs wife was born after 1978, then her heritage is protected via the ICWA, she just needs to do the research and connect the dots.
If she was born before 1978, then determining lineage via the Dawes Roll is her only real option.
DNA tests are only as good as the paper trail you have to go with them.



posted on Jul, 22 2018 @ 01:53 AM
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originally posted by: sine.nomine
a reply to: Czulkang

It would depend on what kind of benefits you are looking to receive. Generally, I would say she doesn't have those rights in American law because of the adoption. Just my two cents. Why are you looking for benefits for this in the first place, if I may ask?
she wants to go back to school.



posted on Jul, 22 2018 @ 02:01 AM
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Wow everybody thanks for all of this info I think I have a plan of action now, we will get her adoption papers hope her parents names are on it the try to trace her lineage to the cases role, or check out what the IDEA is since she was born after 78, thanks everybody , this is,a priority for me because of our son, i want him to know his heritage. Againnthanknyou all for this means,alot to me thank you all very much



posted on Jul, 22 2018 @ 02:08 AM
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This will help :

Blood Quantum Laws



posted on Jul, 22 2018 @ 06:14 AM
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originally posted by: Czulkang
My wife was adopted, she is one half Cherokee indian, when she was adopted her adoptive parents signed away any rights she might have jas as a native American. Can she get those rights back and would this apply to our children?


Do you know what tribe, and have you talked to the tribal elders about this?



posted on Jul, 22 2018 @ 08:55 AM
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originally posted by: Czulkang
My wife was adopted, she is one half Cherokee indian, when she was adopted her adoptive parents signed away any rights she might have jas as a native American. Can she get those rights back and would this apply to our children?


I am 1/3 Cherokee. She never lost any native rights. Contact reps from the Cherokee Nation. Her name and family line will exist.

You can't lose nor change your birth dna or heritage

Good luck.


www.cherokeenation.org
edit on 22-7-2018 by mysterioustranger because: (no reason given)



posted on Jul, 22 2018 @ 10:21 AM
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a reply to: mysterioustranger

How does on become 1/3? That's an unusual fraction in bloodlines.



posted on Jul, 22 2018 @ 10:41 AM
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a reply to: mysterioustranger

The link would be www.cherokee.org and it only covers 1 of the three recognized Cherokee tribes in the US. The OP's wife will need to determine which tribe she's a part of, heritage wise.



posted on Jul, 22 2018 @ 02:35 PM
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a reply to: wylekat

Cherokee and no not yet



posted on Jul, 22 2018 @ 02:47 PM
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This is the last place you want to ask for lawyer advice.


Just sayin.



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