This memorandum responds to your request for our opinion as to whether the State of
Arkansas follows Lord Mansfield's Rule in light of Ark. Code Ann. §16-43-901 (Michie
1994 Repl.); and whether Programs Operations Manual System (POMS) GN 00306.026, which lists whether a state follows Lord Mansfield's Rule, needs to be updated.
In our opinion, Arkansas has not followed Lord Mansfield's Rule since July 2, 1989,
the effective date of Ark. Code Ann. §16-43-901. A proposed revision of POMS GN 00306.026 is provided herein.
As discussed in POMS GN 00306.025A, Lord Mansfield's Rule bars a biological mother and her husband at the time the child
is conceived from giving testimony that might prove that the child is illegitimate.
See Thomas v. Pacheco, 740 S.W.2d 123, 124-125 (Ark. 1987). Prior to the passage of section 16-43-901 of
the Arkansas Code, Arkansas followed Lord Mansfield's Rule. Id. at 124 (Arkansas Supreme Court refused to abandon the Rule in 1987, noting that it
had been followed in Arkansas since 1915).
Section 16-43-901 of the Arkansas Code pertains to the competency of witnesses to
testify in any court proceeding or administrative hearing in which paternity or child
support is or may become an issue./ Among other things, a biological mother may provide
direct testimony as to who is the biological father, the time and place of conception,
access by her husband or the putative father, and any other matters necessary to the
establishment of paternity or a support obligation of the child. Ark. Code Ann. §16-43-901(a).
The husband of the biological mother may testify as to the period of cohabitation
with the biological mother, a period of nonaccess with the biological mother, and
a date of separation from the biological mother. Id. at §16-43-901(b). The putative father may testify as to a period of cohabitation
with the biological mother, a period of nonaccess with the biological mother, and
a lack of sexual contact with the biological mother. Id. at §16-43-901(c). The effective date of the statute was July 2, 1989./
Clearly, the passage of section 16-43-901 of the Arkansas Code did away with the adherence
to Lord Mansfield's Rule in Arkansas./ The purpose of the section is to enable the
courts to receive into evidence relevant facts concerning the paternity of a child.
Id. at §16-43-901(g)(1). A biological mother may provide direct testimony as to who is
the biological father of her child, which would have been barred under Lord Mansfield's
Rule. Id. at §16-43-901(a). See
Gallagher v. Wade, 1995 WL 745051 at 3-4 (Ark. App. 1995)(not designated for publication)(court noted
that testimony of biological mother that would bastardize the child would be admissible
under Ark. Code Ann. §16-43-901).
Thus, we believe that POMS GN 00306.026 should be modified. We recommend that POMS GN 00306.026 for the State of Arkansas be changed to read as follows:
Arkansas Does not follow the rule, effective 7/2/89.