Kinship as Evidence: Genealogy, Law, and the Politics of Recognition

Genealogy has shifted from the private domain of family history to a central mechanism in law and governance. This article examines how genealogical claims are used as evidence in three critical domains: citizenship, inheritance, and indigenous recognition. Using a comparative socio-legal approach, the study analyses statutes, case law, and interdisciplinary scholarship to reveal both convergences and divergences in evidentiary practice. Across legal systems, descent remains decisive in allocating rights and recognition, yet the hierarchy of proof varies. Civil law states privilege documentary records, common law courts increasingly rely on DNA testing, and indigenous forums continue to give authority to oral genealogies. The rapid growth of genetic genealogy databases adds new complexity. While these technologies expand opportunities for verification, they also create ethical challenges concerning privacy, consent, and the extension of genealogical data into surveillance. To address these dynamics, the article develops an evidence regime framework that treats genealogy as criteria of proof, media of proof, institutional gatekeepers, and social consequences. The findings highlight genealogy’s dual character: it enables claims to rights yet also reproduces exclusion when evidentiary hierarchies are imposed. The article argues for pluralist standards that respect documentary, genetic, and oral genealogies, offering a pathway toward more inclusive and just legal recognition.