Ark. Code Ann. » Title 28 Chapter 09
Arkansas Code Annotated

Ark. Code Ann. § 28-9-212 (2020)

Computing degrees of consanguinity

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    1. In computing the degrees of relationship between any two (2) kinsmen who are not related in a direct line of ascent or descent, it is proper to start with the common ancestor of the kinsmen and count downwards. In whatever degree the kinsmen or the more remote of them is distant from the common ancestor, that is the degree in which they are related to each other.
    2. Thus two (2) or more children of a common parent are related to each other in the first degree, because from the common parent to each of the children is counted only one (1) degree.
    3. But a person and his or her nephew are related in the second degree, for the nephew is two (2) degrees removed from his grandparent who is the common ancestor.
    4. A person and his or her second cousin are related in the third degree, for they are both three (3) degrees removed from the great-grandparent who is their common ancestor.
  2. In computing the degrees of relationship between any two (2) kinsmen related in a direct line of ascent or descent, the degree of relationship shall be determined by starting with one (1) of the persons and counting up or down to the other. Thus, a person and his or her:
    1. Parent or child are related in the first degree;
    2. Grandparent or grandchild are related in the second degree; and
    3. Great-grandparent or great-grandchild are related in the third degree.

History. Acts 1969, No. 303, § 14; A.S.A. 1947, § 61-144; Acts 1987, No. 847, § 1.

Case Notes

Advancement of Class.

When the persons composing the nearest class of kin of an intestate die before his death, the next class in order will be advanced, and the persons composing it will inherit equally if equal in degree, and per stirpes if not in equal degree. Garrett v. Bean, 51 Ark. 52, 9 S.W. 435 (1888); McFarlane v. Grober, 70 Ark. 371, 69 S.W. 56 (1902) (decision under prior law).

Common Ancestor.

Degrees of relationship are counted by the number of degrees removed from the common ancestor. Carton v. Missouri Pac. R.R., 315 Ark. 5, 865 S.W.2d 635 (1993).

Second Degree.

First cousins are related in the second degree of consanguinity. Morton v. Benton Publishing Co., 291 Ark. 620, 727 S.W.2d 824 (1987).

Notes of Decisions
Cited in 3 cases, 1993–2011 · leading case: Carton v. Missouri Pac. R.R., 865 S.W.2d 635 (Ark. 1993).
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Carton v. Missouri Pac. R.R., 865 S.W.2d 635 (Ark. 1993). · cites it 2× “See Ark. Code Ann. § 28-9-212 (Supp. 1993). The statute provides for disqualification of a venireman who is related to an attorney within the fourth degree.”
Smith v. Lovelace, 380 S.W.3d 514 (Ark. Ct. App. 2011). · cites it 2× “Appellees argue that, pursuant to Arkansas Code Annotated section 28-9-212(a)(2) (Supp.2003), the minor child is related to appellee Venita Lovelace in the second degree.”
Wrenn v. State, 211 S.W.3d 582 (Ark. Ct. App. 2005). “(B) Degrees of consanguinity shall be computed pursuant to § 28-9-212; (6) Persons who presently or in the past have resided or cohabited together; and (7) Persons who have or have had a child in common.”
Ark. Code Ann. § 28-9-212(a)(2): 1 case
Smith v. Lovelace, 380 S.W.3d 514 (Ark. Ct. App. 2011). “Appellees argue that, pursuant to Arkansas Code Annotated section 28-9-212(a)(2) (Supp.2003), the minor child is related to appellee Venita Lovelace in the second degree.”
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