Dannielynn Birkhead paternity case

The Dannielynn Hope Marshall Birkhead paternity case, a.k.a Birkhead v. Marshall, centered on a child born September 7, 2006 to Vickie Lynn Marshall (better known as Anna Nicole Smith). Larry Birkhead, Smith's former love interest and entertainment photojournalist, steadfastly maintained his contention that he was the baby's father and filed a lawsuit to challenge paternity after Smith had given birth.^[1]

Besides Birkhead, former lawyer turned live-in partner Howard K. Stern, Mark Hatten and Frédéric Prinz von Anhalt, among others claimed to be the father of Smith's daughter, Dannielynn. Although Stern was listed on her birth certificate, it was not certain that he was the father. At issue in a California court was who fathered the child, who could potentially inherit millions of dollars from Smith's estate. On September 26, 2006, Stern claimed in an interview from the Bahamas with Larry King on CNN that he was the father of Smith's newborn baby girl

After much media attention, on April 10, 2007, Dr. Michael Baird, who analyzed the results of a March 21 DNA test, announced the results that confirmed Birkhead to be the father of the baby.^[2]

Name changes

A little over a month after the birth, a copy of the baby's disputed second birth certificate dated October 11, 2006 was made public showing she was renamed and registered as Dannielynn Hope Marshall Stern on October 9, 2006.^[3] From September 7, 2006 to October 11, 2006 the baby was in the records as Hannah Rose Hogan. After the birth of her daughter, according to G. Ben Thompson, a former boyfriend of hers who is a real-estate developer in South Carolina, Smith wanted to put him down as the father on the birth certificate, but he refused. Thompson also was not convinced it was his because he had a vasectomy.^[4][5] Although Stern is named as the father on the earlier certificate, attorney Dion Smith Jr. signed his name where Stern's signature should have been. This discrepancy made the birth certificate invalid so that it could be possible for a new birth certificate to be asked for and a DNA test sought to determine the father's identity.^{[6] [7]} Smith was also said Stern announced the name change on September 26, 2006 just less than two weeks before the second birth certificate was issued. In April 2007 following the official results of the paternity test, Birkhead changed his daughter's surname to his last name, renaming her Dannielynn Hope Marshall Birkhead.

Paternity challenges

In a Florida court to decide Smith's final resting place, the matter of paternity was also to be settled. Birkhead petitoned the court to ask Howard K. Stern to submit to a DNA test on February 20, 2007 but at the time Howard K. Stern stated he was not willing to do so in a closed conference with Judge Seidlin. The judge has put off the paternity question until after the issue of the location of Anna’s burial is decided.

At the request of Smith's mother, Virgie Arthur, a Bahamian judge issued a temporary injunction on February 13, 2007, preventing Stern from taking Smith's daughter out of The Bahamas.

On February 22, 2007 a Florida judge awarded custody of Smith's body to Miami lawyer Richard Milstein, the guardian ad litem for Dannielynn.

Paternity claims

Larry Birkhead

Birkhead was Smith's ex-boyfriend and is a freelance entertainment reporter/photographer in Los Angeles, California. When the question came up, Birkhead denied receiving money for media interviews, though he has received royalties for archived pictures he took of Smith.

According to Birkhead on February 21, 2007 while on the stand, he and Smith dated from August 2004 to April 2005 – and in January 2005 Smith told him she was pregnant, but a month later lost the baby.^[8]

Howard K. Stern

Stern was Smith's attorney who was named executor of her will which was drafted in 2001 by Eric James Lund, Esq.^[9] During the case, Stern denied that he had received money from media interviews he has conducted since Smith's death, though he admitted that he gave an interview to Entertainment Tonight on a flight that the show chartered immediately after her death.^[10][11] As a lawyer of Smith's in the continuing litigation over the estate of her late husband, billionaire J. Howard Marshall, he would be entitled to a contingent fee of roughly $5 million, five percent of any money she was awarded.^[12]

He has claimed to be the biological father of baby Dannielynn Hope Marshall Stern. Following the death of the baby's half-brother Daniel Wayne Smith, Smith put his name on the disputed second birth certificate issued for the baby then known as Hannibel Rose.^[13] Stern's sister, Bonnie, says Smith told her months before the birth that Birkhead could be the father. "When I spoke to (Smith) in March, when she found out she was pregnant, I took her shopping, and she told me the baby was due in mid-October, and that one other person could have been the father and that was Larry Birkhead, but nobody else."^[14]

Mark Hatten

Hatten was another of Smith's former boyfriend of two years. He is serving a seven-year eight-month sentence in Pleasant Valley State Prison for making terrorist threats to Smith and was up for parole on December 24, 2007. Hatten's sister Jackie confirmed that Hatten gave Smith a sperm donation the time they dated prior to his incarceration. Hatten has also corresponded from prison about Smith with her mother, the entertainment news show Extra, and the online tabloid magazine TMZ.com signing his letters Mark "Hollywood" Hatten.^[15] In his November 2006 correspondence with Extra, Hatten vowed that he would officially drop the Marshall v. Marshall case because it had "ruined the lives" of Smith and her son.^[16] Hatten also claimed in his correspondence to Extra and TMZ.com that Smith miscarried two of his children in 2000 and 2001.

He has also came forward to claim paternity of the baby. Other sources:^[17][18] Hatten's sister also said that her brother cannot be believed. Hatten's attorney Paul Fegen told Extra they plan to file a paternity claim.^[19]

Frédéric Prinz von Anhalt

Frédéric Prinz von Anhalt is the husband of Zsa Zsa Gabor. He claimed that he had Smith as a mistress for 10 years. He has been quoted as saying that he could potentially be the father of Smith's daughter and said he would file a lawsuit if Dannielynn is turned over to Stern or Birkhead by the courts.^[20] According to the Associated Press, on February 12, 2007 Prinz von Anhalt announced that he would file a paternity claim and that his marriage likely would be over if had his claims of parentage prevailed.^[21] On February 15, 2007, he filed legal documents at a courthouse in Santa Monica, California seeking a DNA test to determine if he is the father of the baby.^[22]

On February 20, 2007, he took a lie detector test in his attorney's office in Los Angeles. Prinz von Anhalt passed three lie detector tests that week, according to his attorney. The tests included questions about whether he had an affair with Smith and whether he could possibly be the child's father.^[23] On March 23, 2007, he submitted a DNA sample to a Los Angeles clinic even though he is not involved in the current paternity suit between Stern and Birkhead. He did not have a sample of the baby's DNA to analyze against, nor did he have a court order to submit to testing, but had stated that he wanted to be prepared if his paternity case had continued.^[24] On April 10, 2007, after the paternity test results were made public representatives of Prinz von Anhalt released this statement wishing Birkhead well with raising the baby: "We never intended to take Dannielynn from anyone, we were just here in case Prinz Von Anhalt was the father. We wish Larry luck in raising Dannielynn and we wish him the best."^[25]

Potential paternity

Alexander Denk

Denk is an Austrian-American film actor and was the personal bodyguard of Anna Nicole Smith until her death February 8, 2007.

Denk, according to his Beverly Hills, California attorney Cyrus Nownejad, in a joint television interview, also said that he was Smith's confidant, worked for her as her personal trainer, and also was her bodyguard and chef. Denk is also friends with Stern. In the interview with Julie Banderas, Denk said he and Smith were in a relationship and that he knew her for five and a half years. He added that they were intimate on and off for five years, but was not there 24 hours a day.^[26]

He has reportedly told the entertainment news show Extra that he had an affair with his former employer, and that it's possible he could be the baby's father. On the show he claimed he and Smith had a passionate love affair that lasted for two years and that Smith suffered from life threatening seizures, for which she was on medication. When asked if Smith ever revealed to him the identity of her daughter's father, Denk responded, "She always told me she wanted to have her kids with me."^[27] Denk is not certain he is the baby's father and told Banderas that Smith "always told me I want you to be there and care for Dannielynn no matter what, no matter who is the father, because I took care of Anna with her health and everything, and she wanted to make sure her baby is healthy. And also this thing about the dieting and stuff, she doesn't want her baby to be overweight and obese. She wants to make sure she is healthy."

J. Howard Marshall

Marshall, also deceased, was Smith's second husband. According to Donna Hogan, Smith's younger half-sister, Smith froze the sperm of Marshall prior to his death. The newspaper says Hogan wrote in her book Train Wreck published in April 2007, that "To her family, she hinted that she had used the old man's frozen sperm, and would be giving birth to Marshall's child".^[28] However, the publisher of Hogan's book described the newspaper's claims as a hoax.^[29]

Paternity case results

On April 10, 2007, Dr. Michael Baird, who analyzed the results of a March 21 DNA test, announced the results outside the Bahamian courthouse that Birkhead is confirmed at 99.99% to be the father of the baby.^[2] Although DNA tests revealed Birkhead is the father, final custody of the baby remains unresolved. "I hate to be the one to say this but...I told you so," Birkhead told reporters and tourists waiting outside the cupcake-pink courthouse in Nassau after a judge ruled behind closed doors that he was the biological father of Dannielynn Hope Marshall Stern, who was born on the island September 7. Larry Birkhead announced that he was the father of Dannielynn, Anna Nicole Smith's baby.^[30][31] Stern says he will not contest Birkhead for sole custody and wants a smooth transition for the baby.^[32]

See also

• Family law
• Paternity fraud

Footnotes

1. ^ "Ex-Boyfriend Challenges Paternity of Anna Nicole Smith's Daughter". Associated Press. 2006-10-03. http://www.foxnews.com/story/0,2933,217358,00.html. Retrieved 2007-04-15. 
2. ^ ^{a b} Muskal, Michael (2007-04-10). "Birkhead is Smith's Baby's Father, DNA Tests Reveal". MSN Entertainment. http://tv.msn.com/tv/article.aspx?news=257945&GT1=7703. Retrieved 2007-04-11. 
3. ^ Birth Certificate for Anna Nicole's Baby, TMZ.com, October 16, 2006
4. ^ Anna Nicole Smith begged ex-boyfriend to claim to be baby's father, Fametastic, November 8, 2006
5. ^ Story #3 More Baby-Daddy Drama, Examiner.com, February 22, 2007
6. ^ Anna Nicole Baby's Certificate Invalid?: Bahamian Lawyer Says Wrong Signature Could Force DNA Test Request, The Showbuzz, March 6, 2007
7. ^ Howard K. Stern Claims to Be Father of Anna Nicole's Baby, Extra, September 27, 2006
8. ^ Anna Nicole Smith's baby's 'real dad' confession, Sawf, November 6, 2006
9. ^ Will of Vickie Lynn Marshall
10. ^ Access Investigates: Who Is Howard K. Stern?, Access Hollywood, February 14, 2007
11. ^ Former boyfriend of Anna Nicole Smith tells of miscarriage and drug abuse, CourtTV News, February 22, 2007
12. ^ Howard K. Stern: Anna Nicole Smith Paid My Rent, People, February 21, 2007
13. ^ More On The Battle Over Anna Nicole Smith's Body; The Bodyguard Speaks Out, CNN.com Larry King Live, February 23, 2007
14. ^ Howard Stern's sister: Smith unsure of paternity, USA Today, February 14, 2007
15. ^ Mark Hatten and Anna Nicole Smith, TMZ.com
16. ^ Mark 'Hollywood' Hatten: 'Anna Nicole Had the Only Copy of Our Sex Tape', ExtraTV.com, March 2, 2007
17. ^ ABC News: Custody Battle for Anna Nicole's Baby Continues in the Bahamas
18. ^ News :: Summary About Movies Online - Movie-Collection.COM
19. ^ Anna Nicole Smith's Will Revealed, ExtraTV.com, February 16, 2007
20. ^ Gabor Husband may be Smith's baby's dad, Associated Press, February 9, 2007
21. ^ Gabor's Husband to File Claim for Baby
22. ^ Frederic von Anhalt Santa Monica courthouse photo, Daylife, February 15, 2007
23. ^ Frederic von Anhalt lie detector test photo, Daylife, February 20, 2007
24. ^ Frederic Von Anhalt Offers DNA Sample, The Insider, March 23, 2007
25. ^ Prince to Birkhead: Good Luck With the Baby, TMZ.com, April 10, 2007
26. ^ Anna Nicole's Bodyguard: I Could Be Dad, FoxNews.com The Big Story w/ John Gibson, February 16, 2007
27. ^ "Could Anna Nicole's Bodyguard Be Dannielynn's Father?". ExtraTV.com. February 12, 2007. Archived from the original on 2007-03-11. http://web.archive.org/web/20070311115204/http://extratv.warnerbros.com/2007/02/alex_denk.html. Retrieved 2007-03-14. 
28. ^ Caruso, Michelle and Siemaszko, Corky (February 9, 2007). "Old man and the seed?". New York Daily News. http://www.nydailynews.com/front/story/496332p-418242c.html. Retrieved 2007-02-17. 
29. ^ Balogh, Stefanie (February 11, 2007). "Anna Nicole's paternity story 'a Hoax'". news.com.au. http://www.news.com.au/adelaidenow/story/0,22606,21209167-5006301,00.html. Retrieved 2007-02-14. 
30. ^ Muskal, Michael (2007-04-10). "Birkhead biological father of Anna Nicole's baby". LATimes.com. http://www.latimes.com/news/local/la-ex-annanicole11apr11,0,7537901.story?coll=la-home-local. Retrieved 2007-04-11. ^{[dead link]}
31. ^ "Birkhead: I'm the father". CNN. 2007-04-10. http://www.cnn.com/2007/LAW/04/10/smith.baby/index.html. Retrieved 2007-04-15. 
32. ^ "Birkhead named baby's dad; Stern won't fight for custody". CNN. 2007-04-10. http://www.cnn.com/2007/LAW/04/10/smith.baby/index.html. Retrieved 2007-04-15.