Lawyer Wants Anna Nicole Partner's DNA

Larry Birkhead and his attorney Debra Opri speak to media outside a Los Angeles courthouse Tuesday March 13, 2007. Opri, a lawyer for Birkhead, one of three men claiming to be the father of Anna Nicole Smith's baby, asked a judge Tuesday to order the late Playboy model's partner, Howard K. Stern, to come to California and provide a DNA sample.( AP Photo/Nick Ut) (Nick Ut - AP)

LOS ANGELES -- A lawyer for one of three men claiming to be the father of Anna Nicole Smith's baby asked a judge Tuesday to order the late Playboy model's partner, Howard K. Stern, to come to California and provide a DNA sample.

Attorney Debra Opri, who represents Smith's former boyfriend Larry Birkhead, said after a closed hearing that she wants the DNA to determine if Stern is the baby's father. His name is on the little girl's birth certificate.

"Put up or shut up, that's what we're asking for," Opri said outside court.

Superior Court Judge Robert Schnider refused to make Stern a part of the paternity court action but said he would review the matter in two weeks after he considers the law more closely, Opri said.

Stern was living with Smith at the time of her death. He and the baby, Dannielynn, reside in the Bahamas.

Opri said Birkhead needs a paternity ruling from California to strengthen his case for claiming paternity of the child in the Bahamas.

"Without it, we have a weak argument," she said.

Ron Rale, a lawyer who had represented Smith, argued against the DNA request, saying Stern's name is already on the birth certificate as the father.

"Howard Stern doesn't have to go to Larry Birkhead for anything," Rale said.

Schnider originally asserted jurisdiction in the paternity suit in California because Smith had connections in Los Angeles and Birkhead claimed the baby was conceived in California.

The hearings have been closed, and no documents have been released to the public. Information on developments has been provided by lawyers.

Birkhead sued Smith to force a paternity test soon after she gave birth in the Bahamas on Sept. 7. Schnider ruled in Birkhead's favor Dec. 21, Opri said. Rale has said the judge wanted the testing done by Feb. 21.