Celebrity Justice
Paternity Suit Filed Against Anna Nicole

The Anna Nicole baby drama just got legal as Larry Birkhead filed a paternity suit against Anna Nicole Smith, his lawyer said Monday. The suit is requesting a judge to order Anna Nicole return her daughter Dannie Lynn to California, submit to a paternity test and have mother and child tested for drugs.


In a statement released tonight by Birkhead's high-powered attorney Debra Opri, Birkhead is asking for legal and physical custody of the little girl, born September 7th.

According to the statement, Birkhead is "a first time father and he is responding to allegations made by attorney Howard K. Stern on behalf of Anna Nicole Smith" and "believes beyond any doubt that he is the father." Smith's lawyer Howard K. Stern announced last week on CNN's "Larry King Live" that he was the father of the child and that he and Anna Nicole had been in a relationship for some time.

Birkhead appeared live on with Rita Cosby on MSNBC tonight and declared, once again, that he is the father of the little girl. He told Cosby that he is "outraged and angry" and claims that Anna Nicole deliberately fled to the Bahamas to avoid custody and visitation discussions. Cosby also asked Birkhead about unsubstantiated claims that Anna Nicole was pregnant once before with a child of Birkhead's but then miscarried, but Birkhead refused to comment.



Reader Comments

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31. I think that Larry has every right in the world to know for sure if he is the daddy! And since he can't get in touch with Anna, he did the only thing he could do to get her attention..Television, all hes asking for is proof, one way or the other..he said they were together for 2 1/2 yrs...so good luck to him on his quest...I also thought it was very tacky on ANS part to have a commitment ceremony, and run around in a bikini, so soon after Daniels death..and I also think there is more to that story that will come out...No one knows yet, how he got the Methadon in his system..

Posted at 11:24AM on Oct 3rd 2006 by judy

32. No one believes Howard K. Stern is the father of Anna Nicole's baby. That is such a bunch of crap. She doesn't love that lawyer guy, not like that. He may be in-love with her, but I seriously doubt she loves him. I believe this Larry guy is the real father, he claimed to have gone to her Dr. appointments with her up until she was 6 months pregnant. Then she dumped him. I feel bad for Larry, he just wants the truth. What's wrong with that? This interview was on the Greta Van Susteren Show. We want to see the paternity test results.

Posted at 10:03AM on Oct 3rd 2006 by Ellie

33. Does anyone know how Anna Nicole lost all that weight? Did she really lose on TrimSpa?

Just curious.

Posted at 10:11AM on Oct 3rd 2006 by Ellie

34. Finally someone who's thinking abut that baby girl! I been waiting for someone to step forward and save her from the horrible situation. I’d so like to see her go to someone more caring. The father seems like want to make things right. Apparently he’s been trying to get visitation rights for some time now. A Paternity test will resolve a lot of questions. Let’s hope and pray this little girl does not belong to Howard. It may be the little girls only hope. Now Nichole can remain drug up and tuned out. I stopped feeling any sorrow for Anna when she sold out her poor dead son. That's was the straw.

Posted at 10:15AM on Oct 3rd 2006 by yessirmrmartin

35. The guy is funny, he thinks you carry a kid for 9 months go through pain to just take it away from you like its all good, Id bitch slap him!

Posted at 10:23AM on Oct 3rd 2006 by eli

36. WHAT AN A**HOLE! SHE HASN'T EVEN HAD A CHANCE TO LAY HER SON TO REST...HE'S HAD ALMOST A YEAR TO COME FORWARD (IF HE THOUGHT THE BABY WAS HIS). BECAUSE THAT'S THE ONLY 15 MINUTES OF FAME THAT LOSER IS GOING TO GET!

Posted at 11:32AM on Oct 3rd 2006 by Angie

37. I agree, no women should go through 9 months carrying a child and have a man get custody. Even if he is the father, he shouldn't be able to take that baby, just visitation. She lost one already and she shouldn't have to worry about losing this one. i don't care what she did. And,I mean all women, not just her. If they have a baby, they shouldn't have to worry about having someone coming along to take it away. Men don't carry them for 9 months, for a reason. They belong with the mother, first and foremost.

Posted at 11:09AM on Oct 3rd 2006 by true

38. to post #15 - get a life. I agree with post #7. I am in the medical field and Daniel was on way too much medication. If Anna was any kind of mother, she should have known what medication her son was on. and maybe he would still be alive. As far as the daddy situation - larry or howard? please! simple answer larry. Go larry get your daughter away from the zombies.

Posted at 11:13AM on Oct 3rd 2006 by maria

39. What an idiot he is, he just knocked himself right out of everything he could have done. This guy is looking for publicity and this is his 15 minutes of hell.

Posted at 11:44AM on Oct 3rd 2006 by Dolly

40. #34 no matter how much you take are of your kids they will choose the path they want, I know Anna isnt the best influence but even if your Adam and Eve your kids will be who they want and what they want!

Anyways tipical thing for a man to say ...yea take the kid I didnt get fat ,I didnt go through pain but hey the kid is more mine than yours...BULLSH*T!!!

Posted at 11:44AM on Oct 3rd 2006 by eli

41. WHAT AN A**HOLE........DOING THIS WHEN SHE IS IN MOURNING FOR HER SON DANIEL. BIRKHEAD ER....DICKHEAD IS JUST WANTING HIS 15 MINUTES OF FAME. WHY DOEN'T THIS MESS GET TOGETHER WITH DAVID GEST...I SEE NO DIFFERENCE HERE!

Posted at 11:47AM on Oct 3rd 2006 by RICK

42. You're gonna see Howard do everything legally possible to keep this paternity test from happening. Furthermore, if the test does go through, you will very likely never hear a thing about it, wanna know why?

Because the father of the baby that was just born to Anna Nicole Smith was her now deceased son. He OD'ed because he couldn’t deal with the whole situation.

Anna's -always come to the rescue- attorney Howard, has been doing everything possible to keep this secret, including claiming the child as his own.
This has been done in an attempt to keep Larry from being involved with the child, and accidentally stumbling onto the truth.

Trouble is, when Howard decided to claim the child as his own, he probably didn’t expect Larry to want a paternity test, and hoped he would just disappear into obscurity. This plan has backfired badly, and I look forward to seeing how they will proceed with keeping this most disgusting secret, a secret.

You can say this sounds crazy, but these people live lives that are just that, crazy.

Posted at 11:53AM on Oct 3rd 2006 by craig

43. COMMENT#4 YOU SHOULD BE ASHAMED OF YOURSELF FOR SAYING SUCH A HORRIBLE THING!!!! SIDS IS A TRAGIC DEATH AND SHOULD NOT BE JOKED ABOUT OR WISHED ON ANYONE.TMZ SHOULD BE ASHAMED OF PUBLISHING SUCH A COMMENT.

Posted at 11:55AM on Oct 3rd 2006 by one too know

44. This is in defense of all grandparents, moms, and dads. Any parent, at one time or another, will make a less than perfect choice. My kids are almost all grown and in retrospect, there are times I wish I would have done things differently. I cannot change that but I can learn from it. To the rest of you, Anna Nicole Smith, may be a mess by some of our standards, but no one knows what kind of mom she is or has been. Her son seemed to love her, just because he was suffering from depression, does not imply that it was her fault. She has had her public issues but unless you are a fly on the wall, you have no idea what kind of mom she is. There are people who look like they have it all together, riches, education, and live quiet lives out of public view who are the worse parents in the world. We cannot judge other people because they are different than us or do things different from us. All of our lives are less than perfect to anyone else. Think about it

Posted at 12:17PM on Oct 3rd 2006 by Patti Stringer

45. # 40---PLEASE!! How could deceased Daniel be the father of Anna's son?? You have a sick mind, how do you know that, anyway? You part of the family?

You're sick for even thinking of that.

Posted at 12:40PM on Oct 3rd 2006 by Ellie

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