Anna Nicole Smith Denies That Larry Birkhead Is Her Baby's Father

This is a partial transcript from "On the Record," December 12, 2006, that has been edited for clarity.

GRETA VAN SUSTEREN, HOST: Anna Nicole Smith — wherever she goes, trouble seems to follow. Yes, the strange saga for the former Playmate continues. Two months ago, she gave birth to a baby girl. Her ex-boyfriend, Larry Birkhead, says he's the father. He says a paternity test will prove it. But hold onto your seat. Someone else claims to be the father, Anna Nicole's lawyer, Howard K. Stern. It's dueling dads.

Joining us now with the very latest is Debra Opri, the lawyer for Larry Birkhead. Welcome, Debra.

DEBRA OPRI, ATTORNEY FOR LARRY BIRKHEAD: Hey. Hi, Greta.

VAN SUSTEREN: All right, Debra, what's the status? I mean, how are we going to figure this one out, who the father is?

OPRI: Well, we're waiting for the court to order a paternity test, and as you know, tomorrow's the big day. We're just — we're going to be in court tomorrow, and if the judge orders a test, we go forward. There will be an appellate review, and it's in the court of appeals right now. And we'll wait for that. And then, hopefully, within a month or so, the order goes forward and it'll be enforced and Larry will be proven the father. I have every confidence in that.

VAN SUSTEREN: You know, Debra, it almost seems silly that Anna Nicole would want to go through with this test just to put the matter to rest. I mean, even if she disagrees that your client is the father, at least that would end that discussion. But she's fighting this, or at least she's not coming home to do this, is she.

OPRI: Well, you know, the lady doth protest too much. It's despicable. It's costly. It's delaying. And ultimately, she will give the test. Ultimately, Larry Birkhead will prevail. And you know, if she had anything to hide, this is the way to do it. If she had nothing to hide, she would have allowed that three-second test ages ago.

You know, Christmas is coming up, Greta, and this would have been Larry's first Christmas with his newborn baby girl. And he's upset, and it's hard on him. His heart is breaking.

VAN SUSTEREN: Has the California court said for certain that they have jurisdiction over the child and over Anna Nicole to order this?

OPRI: The California courts have ruled that they have jurisdiction over Anna Nicole, Larry Birkhead. It's the proper venue, the proper place to file the paternity action. And they have jurisdiction over the paternity test.

VAN SUSTEREN: Do you expect that Anna Nicole Smith or her lawyer will show up in court tomorrow?

OPRI: The lawyer will be there. I doubt if Anna will be. She — I guess she's busy.

VAN SUSTEREN: And if — let's say that the judge tomorrow orders and says, Look, let's put the matter to rest. Let's have a paternity test. Your client agrees, and Anna Nicole says, No way, I'm in the Bahamas and this is not going to happen. Then what happens?

OPRI: We go there and we enforce the order. But as you're aware of, there is a court of appeals at this point in time deciding whether they're going to hear Anna Nicole's appeal of the court — of the state court's ruling. And that's what we're going to wait for. But we will be, in my opinion...

VAN SUSTEREN: How long does that take? I mean, how long does that take? This is California. I know it's California, but how long does it take?

OPRI: Anywhere from 60 to 90 days. But we have to get the order first, and I think tomorrow will be the day that the judge issues the order. Now, while I'm not able to talk about the contents or the details of a paternity action, I think everybody knows that when you file a paternity action, you're asking for a genetic test. And I think everyone should be aware that we're waiting for the court to order the test. And tomorrow is the day that paternity motion is set for hearing. And the court of appeals did not stay the proceedings in the paternity action, which means that hearing tomorrow is going forward, which means we anticipate an order saying that we're entitled to the test. And then the test will go forward.

VAN SUSTEREN: All right. We'll be watching. Thank you, Debra.

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