Dannielynn Birkhead paternity case
Encyclopedia
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
Anna Nicole Smith
In 1992 Smith was chosen by Hugh Hefner to appear on the cover of the March issue of Playboy, where she was listed as Vickie Smith, wearing a low-cut evening gown. The centerfold was photographed by Stephen Wayda. Smith said she planned to be "the next Marilyn Monroe". Becoming one of Playboys...

). Larry Birkhead
Larry Birkhead
Larry E. Birkhead was a partner of Anna Nicole Smith and is the father of her daughter, Dannielynn. He was in a child custody battle for his daughter until DNA results proved his paternity.-Personal life:...

, 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.

Besides Birkhead, former lawyer turned live-in partner Howard K. Stern
Howard K. Stern
Howard Kevin Stern is an American attorney, and a former domestic partner of the late Anna Nicole Smith. On September 28, 2006. Stern and Smith exchanged vows in a legally nonbinding ceremony in Nassau, Bahamas...

, Mark Hatten and Frédéric Prinz von Anhalt
Frédéric Prinz von Anhalt
Frédéric Prinz von Anhalt is a German-born socialite best known as Zsa Zsa Gabor's husband from her latest and longest-lasting marriage...

, 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
Michael L. Baird
Michael L. Baird is the Laboratory Director at DNA Diagnostics Center in Fairfield, Ohio. , Baird was appointed the DNA expert in the highly publicized paternity case of Dannielynn Hope Marshall Stern. On April 10, 2007, Baird announced the results of the paternity test, naming Larry Birkhead as...

, who analyzed the results of a March 21 DNA test, announced the results that confirmed Birkhead to be the father of the baby.

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. 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
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...

, 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
Vasectomy
Vasectomy is a surgical procedure for male sterilization and/or permanent birth control. During the procedure, the vasa deferentia of a man are severed, and then tied/sealed in a manner such to prevent sperm from entering into the seminal stream...

. 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
Mistake (contract law)
In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defence, and if raised successfully can lead to the agreement in question being found void ab initio or voidable, or alternatively an equitable remedy may be provided by the courts...

 made the birth certificate invalid
Void (law)
In law, void means of no legal effect. An action, document or transaction which is void is of no legal effect whatsoever: an absolute nullity - the law treats it as if it had never existed or happened....

 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.
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
Larry Seidlin
Larry Seidlin was a State Court judge for the Circuit Court of the Seventeenth Judicial Circuit of the State of Florida in and for Broward County. He was the presiding judge during the infamous Anna Nicole Smith body custody hearing after her death...

. 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
Ad litem
Ad litem is a term used in law to refer to a party appointed by a court to act in a lawsuit on behalf of another party—for instance, a child or an incapacitated adult—who is deemed incapable of representing him or herself...

 for Dannielynn.

Larry Birkhead

Birkhead was Smith's ex-boyfriend and is a freelance
Freelancer
A freelancer, freelance worker, or freelance is somebody who is self-employed and is not committed to a particular employer long term. These workers are often represented by a company or an agency that resells their labor and that of others to its clients with or without project management and...

 entertainment reporter/photographer in Los Angeles, California
Los Angeles, California
Los Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...

. When the question came up, Birkhead denied receiving money for media interviews, though he has received royalties
Royalties
Royalties are usage-based payments made by one party to another for the right to ongoing use of an asset, sometimes an intellectual property...

 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.

Howard K. Stern

Stern was Smith's attorney who was named executor
Executor
An executor, in the broadest sense, is one who carries something out .-Overview:...

 of her will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...

 which was drafted in 2001 by Eric James Lund, Esq. 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
Entertainment Tonight
Entertainment Tonight is a daily tabloid television entertainment television news show that is syndicated by CBS Television Distribution throughout the United States, Canada and in many countries around the world. Linda Bell Blue is currently the program's executive producer...

on a flight that the show chartered immediately after her death. As a lawyer of Smith's in the continuing litigation over the estate of her late husband, billionaire J. Howard Marshall
J. Howard Marshall
James Howard Marshall II was an American business magnate, university professor, attorney, and federal government official...

, he would be entitled to a contingent fee
Contingent fee
A contingent fee or conditional fee is any fee for services provided where the fee is only payable if there is a favourable result...

 of roughly $5 million, five percent of any money she was awarded.

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
Daniel Wayne Smith
Daniel Wayne Smith was the son of the model and actress Anna Nicole and Billy Smith. He infrequently appeared in his mother's E! Network reality TV show, The Anna Nicole Show...

, Smith put his name on the disputed second birth certificate issued for the baby then known as Hannibel Rose. 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."

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
Pleasant Valley State Prison
Pleasant Valley State Prison is a minimum/medium/maximum security state prison in Coalinga, Fresno County, California. The facility houses Sirhan Sirhan, the convicted assassin of Senator Robert F...

 for making terrorist threats to Smith and was up for parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...

 on December 24, 2007. Hatten's sister Jackie confirmed that Hatten gave Smith a sperm donation
Sperm donation
Sperm donation is the provision by a man, , of his sperm, with the intention that it be used to impregnate a woman who is not usually the man's sexual partner, in order to produce a child....

 the time they dated prior to his incarceration
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...

. 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. In his November 2006 correspondence with Extra, Hatten vowed that he would officially drop the Marshall v. Marshall
Marshall v. Marshall
Marshall v. Marshall, 547 U.S. 293 , is a case in which the United States Supreme Court held that a federal district court had equal or concurrent jurisdiction with state probate courts over tort claims under state common law...

case because it had "ruined the lives" of Smith and her son. 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: 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.

Frédéric Prinz von Anhalt

Frédéric Prinz von Anhalt
Frédéric Prinz von Anhalt
Frédéric Prinz von Anhalt is a German-born socialite best known as Zsa Zsa Gabor's husband from her latest and longest-lasting marriage...

 is the husband of Zsa Zsa Gabor
Zsa Zsa Gabor
Zsa Zsa Gabor is a Hungarian-born American stage, film and television actress.She acted on stage in Vienna, Austria, in 1932, and was crowned Miss Hungary in 1936. She emigrated to the United States in 1941 and became a sought-after actress with "European flair and style", with a personality that...

. He claimed that he had Smith as a mistress
Mistress (lover)
A mistress is a long-term female lover and companion who is not married to her partner; the term is used especially when her partner is married. The relationship generally is stable and at least semi-permanent; however, the couple does not live together openly. Also the relationship is usually,...

 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. 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. 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.

On February 20, 2007, he took a lie detector test
Polygraph
A polygraph measures and records several physiological indices such as blood pressure, pulse, respiration, and skin conductivity while the subject is asked and answers a series of questions...

 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. 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. 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."

Alexander Denk

Denk is an Austrian-American
Austrian-American
Austrian Americans are Americans of Austrian descent. According to the 2000 US census, there are 735,128, or 0.3% Americans of full or partial Austrian descent. The states with the largest Austrian American populations are New York , California , Pennsylvania , Florida and New Jersey...

 film actor and was the personal bodyguard
Bodyguard
A bodyguard is a type of security operative or government agent who protects a person—usually a famous, wealthy, or politically important figure—from assault, kidnapping, assassination, stalking, loss of confidential information, terrorist attack or other threats.Most important public figures such...

 of Anna Nicole Smith
Anna Nicole Smith
In 1992 Smith was chosen by Hugh Hefner to appear on the cover of the March issue of Playboy, where she was listed as Vickie Smith, wearing a low-cut evening gown. The centerfold was photographed by Stephen Wayda. Smith said she planned to be "the next Marilyn Monroe". Becoming one of Playboys...

 until her death February 8, 2007.

Denk, according to his Beverly Hills, California
Beverly Hills, California
Beverly Hills is an affluent city located in Los Angeles County, California, United States. With a population of 34,109 at the 2010 census, up from 33,784 as of the 2000 census, it is home to numerous Hollywood celebrities. Beverly Hills and the neighboring city of West Hollywood are together...

 attorney Cyrus Nownejad, in a joint television interview, also said that he was Smith's confidant
Confidant
The confidant is a character in a story that the lead character confides in and trusts. Typically, these consist of the best friend, relative, doctor or boss.- Role :...

, worked for her as her personal trainer
Personal trainer
A personal trainer is a fitness professional involved in exercise prescription and instruction. They motivate clients by setting goals and providing feedback and accountability to clients. Trainers also measure their client's strengths and weaknesses with fitness assessments...

, and also was her bodyguard
Bodyguard
A bodyguard is a type of security operative or government agent who protects a person—usually a famous, wealthy, or politically important figure—from assault, kidnapping, assassination, stalking, loss of confidential information, terrorist attack or other threats.Most important public figures such...

 and chef
Chef
A chef is a person who cooks professionally for other people. Although over time the term has come to describe any person who cooks for a living, traditionally it refers to a highly skilled professional who is proficient in all aspects of food preparation.-Etymology:The word "chef" is borrowed ...

. Denk is also friends with Stern. In the interview with Julie Banderas
Julie Banderas
Julie Banderas is an American television news correspondent for the Fox News Channel. She was previously the anchor for Fox Report Weekend.-Early life:...

, 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
Human sexual behavior
Human sexual activities or human sexual practices or human sexual behavior refers to the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts from time to time, and for a wide variety of reasons...

 on and off for five years, but was not there 24 hours a day.

He has reportedly told the entertainment news show Extra
Extra (TV series)
Extra is an American entertainment television news program covering events and celebrities which debuted on September 5, 1994 in syndication. It is produced at Victory Studios in Glendale, California by Telepictures Productions in association with Warner Bros. Television Distribution...

 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 seizure
Seizure
An epileptic seizure, occasionally referred to as a fit, is defined as a transient symptom of "abnormal excessive or synchronous neuronal activity in the brain". The outward effect can be as dramatic as a wild thrashing movement or as mild as a brief loss of awareness...

s, 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." 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
Health
Health is the level of functional or metabolic efficiency of a living being. In humans, it is the general condition of a person's mind, body and spirit, usually meaning to be free from illness, injury or pain...

 and everything, and she wanted to make sure her baby is healthy. And also this thing about the dieting
Dieting
Dieting is the practice of eating food in a regulated fashion to achieve or maintain a controlled weight. In most cases dieting is used in combination with physical exercise to lose weight in those who are overweight or obese. Some athletes, however, follow a diet to gain weight...

 and stuff, she doesn't want her baby to be overweight
Overweight
Overweight is generally defined as having more body fat than is optimally healthy. Being overweight is a common condition, especially where food supplies are plentiful and lifestyles are sedentary...

 and obese
Obesity
Obesity is a medical condition in which excess body fat has accumulated to the extent that it may have an adverse effect on health, leading to reduced life expectancy and/or increased health problems...

. She wants to make sure she is healthy."

J. Howard Marshall

Marshall, also deceased, was Smith's second husband. According to Donna Hogan
Donna Hogan
Donna Faye Hogan is an American author best known as Anna Nicole Smith's younger half-sister. Hogan was born and raised in Houston, Texas. Donna has been quoted as saying when she worked at gentleman's clubs, she would earn upwards of $2000 per night.In April 2007, she wrote a book entitled Train...

, 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". However, the publisher of Hogan's book described the newspaper's claims as a hoax.

Paternity case results

On April 10, 2007, Dr. Michael Baird
Michael L. Baird
Michael L. Baird is the Laboratory Director at DNA Diagnostics Center in Fairfield, Ohio. , Baird was appointed the DNA expert in the highly publicized paternity case of Dannielynn Hope Marshall Stern. On April 10, 2007, Baird announced the results of the paternity test, naming Larry Birkhead as...

, 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.
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. Stern says he will not contest Birkhead for sole custody and wants a smooth transition for the baby.

Footnotes

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