Have Legal Questions? Ask a Lawyer Now.
I am hoping that your brother has been in contact with his Lacota tribe. Here is the rule of the Oglala Lakota/Sioux: "ARTICLE II - MEMBERSHIPSECTION 1. The membership of the Oglala Sioux Tribe shall consist as follows:(a) All persons whose names appear on the official census roll of the Oglala Sioux Tribe of the Pine Ridge Reservation as of April 1, 1935, provided, that correction may be made in the said rolls within five years from the adoption and approval of this constitution by the tribal council subject to the approval of the Secretary of Interior.(b) All children born to any member of the tribe who is a resident of the reservation at the time of the birth of said children.SECTION 2. The tribal council shall propose by-laws covering future membership and the adoption of new members."The difficulty will be in proving the relationship. If it were possible to do, DNA evidence should prove relationship and should be satisfactory to the tribe (however it would be up to them to decide whether to accept that or not).
In order to accomplish the DNA testing, your brother would need to have his DNA compared to that of one of his father's brothers/sisters, or one of his other known family members (preferably one who is also a registered member of the tribe). If that is not possible, then he will need to figure out what anecdotal evidence the tribe will require in order to accept who his father was. Some tribes accept a "proof of ancestry" given in front of a circuit court judge (similar to the kind of testimony that is done for a probate proceeding when you have to prove who's who to determine who inherits). Often a genealogy search is required to trace your ancestry back to a registered tribal member. That is not difficult here; instead the difficulty will be in proving up the paternal relationship in a manner satisfactory to the tribe. It is the tribe that sets their own standards in this regard.
If you have not already looked at it, take a glance at these web pages:http://www.doi.gov/enrollment.html http://www.doi.gov/ancestry.html http://www.doi.gov/bia/Winter2007-TribalLeaders.pdf (All by the US Department of Interior, BUREAU OF INDIAN AFFAIRS.)
Good luck to you and your brother!
I hope this has helped. Let me know if you have any followup questions. If none, please remember to click on the ACCEPT link so that I may receive credit for working on this topic with you. (I’d greatly appreciate it!)Thank you,Dan--------------The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state.PS: If an answer appears to you to have been very helpful, or to have taken above average expertise and/or research, or if the answer shows an above average amount of time and dedication devoted to your issue, a bonus is nice way to say “Thank you”. Thanks!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).