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Forensic genealogy

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Forensic genealogy is a term used particularly in the US to describe genealogical research, analysis and reporting in cases with legal implications, often involving living individuals.[1]:337 Forensic genealogists may be called upon to appear in court to provide expert testimony, and typically furnish affidavits and research reports to their clients that adhere to the Genealogical Proof Standard established by the Board for Certification of Genealogists.[2]

Definition

Forensic genealogy is defined in a legal context, specifically when conducting research in the following manner:

  • Estate or probate research to identify unknown and missing heirs, and potentially provide expert testimony in a courtroom;
    • Unknown heir cases typically involve an individual's estate who died intestate, but may also be the result of a remainderman predeceasing the testator or testatrix of a will.[3]
    • Missing heir cases involve locating beneficiaries of a will.[3]
  • Military repatriation: Assisting branches of the United States military in reuniting the remains of service members with their families using DNA analysis (a.k.a. DNA profiling);
  • Kinship determination: Identifying family members in regard to cases of adoption, foster care, and guardianship;
  • Land and real estate issues involving title, adverse possession, rights of way, lis pendens, or muniment of title, and oil, gas, and mineral rights and royalties. Oil, gas, and mineral rights cases may be dealt with the same as unknown and missing heir cases, or quiet title actions, depending on the state with jurisdiction and the situation of the case;[4]:454
    • Established law in Texas gives landowners the rights to oil and gas beneath their property.[5]
  • Research to help clients establish U.S. citizenship or support dual citizenship in a foreign country;
  • Assisting coroner’s offices in identifying relatives of unclaimed remains;
  • Provenance, class action claimants, intellectual property rights, etc.

An alternative definition of the field has been explained by Colleen M. Fitzpatrick in her 2005 self-published book Forensic Genealogy,[6][7] in which a forensic science approach is used in genealogical research. The author describes various research methods, approaches, and genealogical knowledge she has determined to be forensic in nature:

  • Examining photographs for clues to pinpoint a place or time of an event. For example, a house in the background of a photo may reveal an address number, or the type of clothing worn by people can suggest when a picture was taken.
  • Estimating birth dates by scrutinizing marriage age laws of a jurisdiction;
  • Researching “the historical context of your family" to provide more insight into their lives;
  • Understanding that immigrant name changes did not occur at Ellis Island, but either at the immigrant’s embarkation point or years after entry to the United States;
  • Analyzing DNA test results to study both matches and non-matches, as well as estimating one’s most recent common ancestor (MRCA), and discovering non-paternity events;
  • Using a Y-chromosome cladogram “to identify the main branches of a family”; etc.

External websites

References

  1. "Ramage, Michael S. (2018). "Chapter 15: Forensic Specialization". in Shown Mills, Elizabeth. Professional Genealogy, Preparation, Practice & Standards. Genealogical Publishing Co.. p. 337. ISBN 9780806320724. 
  2. Ramage MS. Standards and Forensic Genealogy. OnBoard 2016; 22: 17–18, 23.
  3. 3.0 3.1 Ramage, Michael S. (2005). "Missing and Unknown Heir Law Practice and Procedure". Pennsylvania Bar Association Quarterly 76 (July): 125. 
  4. American Bar Association, Committee on Administration and Distribution of Decedent’s Estates (1975). "Clearing Title of Heirs to Intestate Real Property". Real Property, Probate and Trust Journal 10 (Fall): 454. 
  5. "Oil & Gas Exploration and Surface Ownership". http://www.rrc.state.tx.us/media/7124/surfaceownerinfo.pdf. 
  6. Fitzpatrick C and Yeiser A. Forensic Genealogy, Rice Book Press, 2005.
  7. Bopp GK and Bopp TT. Book review: Forensic Genealogy. Journal of Genetic Genealogy Spring 2006, Volume 2, Number 1.

Bibliography

  • Board for Certification of Genealogists. Genealogy Standards (second edition). Ancestry.com/Turner Publishing, 2019.
  • Mills, Elizabeth Shown (ed). Professional Genealogy: Preparation, Practice and Standards. Genealogical Publishing Company, 2018.

See also


GNU head This article is licensed under the GNU Free Documentation Licence. It uses material from the Wikipedia article "Forensic genealogy".