Birkhead Seeks Paternity Test

(CBS) Larry Birkhead, a photographer who claims he's the father of Anna Nicole Smith's new daughter, Dannie Lynn Hope, has filed papers seeking the child's return to California for paternity tests, USA Today reports. Papers were filed on Monday, according to the newspaper, by high powered attorney, Debra Opri.

Smith, whose 20-year-old son died at her beside on Sept. 10, was served in the Bahamas, where she's been in seclusion since his death there. Birkhead "seeks truth in paternity as he believes beyond any doubt that he is the father and seeks a presence in this child's life.

He is concerned for the health and safety of the child based upon drug issues and manipulation by a third party for purposes contrary to the interests of the child," Opri said in a statement given to USA Today. Birkhead spoke via satellite with MSNBC's Rita Cosby on Oct. 2 about the paternity suit.

"I was outraged and angry over Howard K. Stern's remarks on 'Larry King Live' where he claimed to be the father of my baby girl. That really upset me and I was outraged that he tried to hoodwink the American public and Larry King as well," Birkhead said.

"I feel that she had deliberately fled to the Bahamas to avoid any talks of custody and visitation and that this was all a highly orchestrated event between herself and her attorney Howard K. Stern." "Right now I have no rights, no visitation, no rights whatsoever, they were all stripped from me .

.. I'm ready to fight for my daughter," Birkhead told Cosby.

On Sept. 26, Stern told Larry King that he is the "proud father" of the little girl born Sept. 7 in the Bahamas.

Smith and Stern recently exchanged vows but the ceremony was not legally binding. "Right now we have to somehow get through what we're going through," Stern told King, referring to Daniel Smith's death. "And I'll tell you, our baby is the one ray of hope.

" Cyril Wecht, a well-known pathologist hired by Anna Nicole, said her son Daniel had methadone and two antidepressants in his system when he died in his mother's hospital room. A combination of the three drugs caused an accidental death, Wecht said. "Right now we have to somehow get through what we're going through," Stern told King, referring to the sudden death of Daniel Smith.

"And I'll tell you, our baby is the one ray of hope." (AP Photo/CNN "Larry King Live")

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In a recent interview on US Weekly's Web site, Birkhead called Stern's remarks to King "laughable." "I am not surprised he would say this but I am laughing at it," he said.