Anna Nicole paternity case to be heard in California

The question of whether DNA testing can be done on Anna Nicole Smith’s baby remains unanswered, according to a lawyer involved in the paternity suit.

California courts have jurisdiction over the former Playboy Playmate with regard to the suit filed by ex-boyfriend Larry Birkhead.

He claims to be the father of two-month-old Dannielynn Hope Marshall Stern.

After a closed hearing, Debra Opri, who represents Birkhead, said the Los Angeles court has personal jurisdiction over Smith because she has enough contacts with California.

Before moving to the Bahamas recently, Smith lived, worked and had a sexual relationship in California, Opri yesterday told reporters at Los Angeles Superior Court, where a 75-minute hearing was held in private.

Birkhead gave a thumbs-up sign as he left the courtroom but said nothing. If he is confirmed to be the father, he could win visitation or custody rights, and be involved with child support.

The Los Angeles-based photographer also claims in a lawsuit filed in the Bahamas that Smith and her current companion, lawyer Howard Stern, committed fraud and conspiracy.

The baby’s birth certificate lists Stern as the father.

Ron Rale, Smith’s attorney, said Opri’s statements were misleading but he declined to confirm or deny specific rulings.

“Her statements are inaccurate and reprehensible,” he said in an interview.

Rale has repeatedly stated that paternity proceedings are confidential under California law.

Outside the courtroom and in front of TV cameras, Opri tried to point out a resemblance between Birkhead and Dannielynn by holding up a binder with two baby photos posted on the front.

Rale, standing nearby, said the circus-like atmosphere was ”amusing to watch” and joked that he did not have baby photos of Stern handy.