Lawyer wants Stern to give DNA sample

A lawyer for one of the three men claiming paternity of Anna Nicole Smith’s baby today asked a judge to order Howard K Stern to come to California and provide a DNA sample.

Attorney Debra Opri, who represents photographer Larry Birkhead, said after a closed hearing that Stern should provide the sample so it can be determined if he is the father of the infant.

“Put up or shut up, that’s what we’re asking for,” Opri said outside court.

Superior Court Judge Robert Schnider refused to make Stern a part of the paternity action but said he would review the matter in two weeks after he considers the law more closely, Opri said.

Stern was living with Smith at the time of her death.

He and the baby, Dannielynn, currently reside in the Bahamas.

Opri said Birkhead needs a paternity ruling from California to present in the Caribbean nation to strengthen his case for the child.

“Without it, we have a weak argument,” she said.

A lawyer for Stern argued against the DNA request, saying Stern’s name is already on the birth certificate as the father.

“Howard Stern doesn’t have to go to Larry Birkhead for anything,” attorney Ron Rale said.