Birkhead's lawyer tells Howard K Stern to "Put up or shut up"

Howard K. Stern arriving at court. (02/20/2007).

March 13, 2007 –Larry Birkhead’s lawyer has asked for a court oder to obtain Howard K Stern’s DNA to establish his paternity rights over Anna Nicole Smith's daughter Dannielynn Smith.

After a closed court hearing Tuesday attorney Debra Opri, who represents Anna Nicole Smith's former boyfriend Larry Birkhead, said that they want Stern’s DNA to prove if he is baby Dannielynn's biological father.

"Put up or shut up, that's what we're asking for," Opri said outside court.

"Howard Stern doesn't have to go to Larry Birkhead for anything," attorney Ron Rale said. Rale represents Stern in the custody battle over Smith’s infant daughter. Stern was living with Smith when she died last month in Florida.

Dannielynn is currently in the Bahamas with Stern who is named as the baby’s father on her birth certificate.

Superior Court Judge Robert Schnider refused to make Stern a part of the paternity court action.

Schnider did say that he would review the matter in two weeks after he considers the law more closely.

A court in the Bahamas is currently dealing with custody issues involving the child and has barred Stern from taking the girl out of that country until a custody ruling is made.