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My DS's bfather was going to try the same stunt. He wasn't Cherokee though. Registered with the tribe a couple of years after the adoption. I'm pretty sure the law read the child had to be 1/32 Native American. Maybe it was that the parent had to be 1/32? I can't remember exactly, but I remember the 1/32. You can check tribal law for more info.
Anyhow, good luck. It's so sad for the child.