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African-Native American Genealogy Forum

Re: Why Creek Clans?
In Response To: Re: Why Creek Clans? ()

Norma said:
It's okay to have a non citizen husband, IF the wife is Creek, the children will be enrolled. Turn this situation around and if a Creek citizen man and non citizen woman have an illegitimate child, then child is not enrolled (mother NOT Creek). Can someone explain the logic here?

David replies:
I thought I explained that, but perhaps not clear enough. Illegitamacy does not confer citizenship. Citizenship is a right of inheritance, not blood. A child can only inherit when (in 1900) when it is legitimate or born into wedlock or legitimized by the actions of the father. Under Cherokee law (I cannot speak to Creek law), in 1900, a child born out of wedlock to a non-citizen, was itself a non-citizen, taking the status of the mother.

Norma said:
If both parents are Creek whether they have minor, newborn or illegitimate children, their children are enrolled.

David replies:
If both parents are Creek citizens, regardless of marital status or legitimacy, then obviously, the mother was a Creek citizen, thus making her child a Creek citizen.

And Norma, in the other post you asked about the Creek man's mother. Her citizenship would be passed to her son. But his would not pass to his child unless that child were legitimate. The descent of citizenship would have been broken his the father's failure to legitimize his alleged child.

18 Dec 2002 :: 14 Nov 2008
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