Anna Nicole won't submit baby for DNA test

updated 1:40 p.m. ET Oct. 20, 2006

NASSAU, Bahamas - An attorney for Anna Nicole Smith said Friday the reality TV star has no intention of submitting her six-week-old daughter for paternity testing as demanded by an ex-boyfriend.

A lawsuit filed by photographer Larry Birkhead seeks a court order for Smith to bring the girl to California for a DNA test. A birth certificate lists her current boyfriend, Howard K. Stern, as the father of Dannielynn Hope Marshall Stern.

"Why should she accommodate him at all?" asked attorney Wayne Munroe in an interview with The Associated Press. "I don't think she's going to run her life according to his wishes."

An attorney for Birkhead, Debra Opri, has said she is traveling to the Bahamas this weekend to take depositions from Smith and Stern on Monday. Opri could not immediately be reached for comment.

Munroe said he has not been notified of a request to meet his client. "It doesn't sound like they've complied with the law," he said.

On Thursday, Smith buried her 20-year-old son Daniel, who died while visiting her in a Nassau hospital three days after the baby was born on Sept. 7.

A private examiner said Daniel Smith died of an accidental lethal combination of methadone and two antidepressants. The results of official toxicology tests and a police investigation have not been publicly released.

A hearing on Birkhead's lawsuit in Los Angeles Superior Court has been scheduled for Oct. 26. If he is confirmed to be the father, he could receive visitation or custody rights and possibly a large amount of child support.

Anna Nicole Smith, who moved to the Bahamas while pregnant with her daughter and obtained permanent residency, plans to stay indefinitely, Munroe said.

"What has happened with her son has only made her more inclined to seek tranquility and peace," he said.

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