A judge in Los Angeles is ordering Anna Nicole Smith to have her baby daughter Dannielynn Hope take a paternity test by February 21. If Smith decides not to have her daughter complete the test by the deadline, then she must fly back to L.A. to explain the reason for her delay.
The paternity lawsuit against Smith was filed by photographer Larry Birkheard in October. He says that he and Smith had a 2 ½ year affair and that he is Dannielynn Hope’s father. Smith denies that she and the photographer were romantically involved and says that Howard K. Stern, her boyfriend and attorney, is her daughter’s father. Birkhead wants Dannielynn Hope to take a paternity test. He has also filed a civil action against Smith and Stern with a Bahamian court. He claims that Stern and Smith acted fraudulently when they named Stern as the baby’s father on her birth certificate.
Yesterday, Los Angeles Superior Court Judge Ronald Schnider ruled that Dannielynn Hope could take the test in Miami or the Bahamas. Schnider had stayed the previous deadline, January 23, after the former reality TV star’s attorneys had claimed that a Bahamian judge needed to sign off on the L.A. court order. Birkhead’s attorneys say that because Dannielynn was conceived in the United States and because Smith had been working and living in Los Angeles, the issue is an L.A. matter.
California Family Code, Section 7550 to 7558 can also be called the Uniform Act on Blood Tests to Determine Paternity. Here are sections 7551-7552:
7551. In a civil action or proceeding in which paternity is a relevant fact, the court may upon its own initiative or upon suggestion made by or on behalf of any person who is involved, and shall upon motion of any party to the action or proceeding made at a time so as not to delay the proceedings unduly, order the mother, child, and alleged father to submit to genetic tests. If a party refuses to submit to the tests, the court may resolve the question of paternity against that party or enforce its order if the rights of others and the interests of justice so require. A party’s refusal to submit to the tests is admissible in evidence in any proceeding to determine paternity. For the purposes of this chapter, “genetic tests” means any genetic test that is generally acknowledged as reliable by accreditation bodies designated by the United States Secretary of Health and Human Services.