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NASSAU - Anna Nicole Smith's longtime lawyer and companion is appealing a judge's directive for a DNA swab test on the former Playboy Playmate's 6-month old daughter, the subject of a custody battle in the Bahamas, legal sources said today.
But Court TV reported the mouth swab test had already been done and would be sent to a laboratory in Ohio.
The legal sources, who asked not to be identified, said lawyers for Howard K Stern were drawing up papers to block Judge Stephen Isaacs' directive yesterday that a swab be taken from Dannielynn Hope Marshall Stern.
"It was hoped the appeal would be heard today but, the situation being what it is here in the Bahamas, it's unlikely it will be heard until next week," a source said. "I gather they are shooting for Monday."
The paternity lawsuit was brought in the Bahamas by Larry Birkhead, an ex-boyfriend of the billionaire's widow whose sudden death in Florida on February 8 touched off a custody battle for her daughter.
Birkhead, a Los Angeles photographer, said he is the father of the baby who is heir apparent to Smith's estate, which could be worth hundreds of millions of dollars if it wins a fight to inherit from Smith's late oil tycoon husband, J Howard Marshall.
Stern, is listed as Dannielynn's father on her Bahamian birth certificate. Other men have also said they may be the child's biological father.
A lawyer for Stern told the Associated Press DNA tests to identify the father of Dannielynn may not resolve legal struggles over custody of the girl.
Stern, who has been caring for 6-month-old Dannielynn in the Bahamas, was complying with the court ordered tests, but may not relinquish custody even if they prove the father is Smith's ex-boyfriend Larry Birkhead, attorney James Neavitt said.
"Howard is the legal father. If Mr Birkhead's DNA matches, then he can come and say he's the biological father, and then you'll have that court battle," Neavitt told AP.
- REUTERS
