Paternity Law May Work To Stern’s Advantage
By Quincy Parker
The law of The Bahamas may work against Larry Birkhead, the ex-lover who claims to have fathered Dannielynn Hope Marshall Stern with the late Anna Nicole Smith, in his challenge of the Bahamian birth certificate listing Howard K. Stern as the baby’s father.
Mr. Stern, whose only client as a lawyer has reportedly been the late Ms. Smith, claims to be the father of her daughter, who was born at Doctors Hospital in September 2006.
He claims to have been the late model/actress’ lover for some time.
Mr. Birkhead is one of four or five men who have either claimed to be the child’s father or have had it claimed on their behalf.
According Mr. Birkhead, he is the real father of the baby girl, and Ms. Smith’s and Mr. Stern’s assertions that he (Mr. Stern) is the father are untrue.
However, the Status of Children Act 2002 seems to put the advantage in the affair squarely with Mr. Stern.
The law may, however, allow Mr. Birkhead some relief in terms of the ability to appeal.
Section 7(1)(d) of the Act makes the presumption that the father of a child is the person who was living with the mother in a relationship "of some permanence" at the time the child was born.
"Unless the contrary is proven on a balance of probabilities, there is a presumption that a male person is, and shall be recognised in law to be, the father of a child (if) the person was cohabiting with the mother of the child in a relationship of some permanence at the time of the birth of the child, or the child is born within 280 days after they ceased to cohabit," the law states.
As Ms. Smith and Mr. Stern had been living together in ‘Horizons’ on the Eastern Road prior to the child’s birth, and continued to do so up until Ms. Smith’s unpredicted death, this seems to give the weight of Bahamian law to Mr. Stern’s claim to paternity.
A subsequent section of the law, Section 7(1)(g), also seems to speak to the particular situation facing Messrs. Stern and Birkhead.
"There is a presumption that a male person is, and shall be recognised in law to be, the father of a child (if) the person has acknowledged in proceedings for registration of the child, in accordance with the law relating to the registration of births, that he is the father of the child," the law says.
Therefore, in Bahamian law, Howard K. Stern is the father of Dannielynn Hope Marshall Stern.
Section 12 of the Act allows for the court to vary or discharge the declaration of paternity "where evidence becomes available that was not available at the previous hearing."
Section 14 sets out the terms under which a blood test may be used to determine the parentage of a child.
http://www.jonesbahamas.com/?c=45&a=11632
Well, sounds like Section 14 trumps the rest.
I have been worried that The Bahamas will want to claim Dannielynn, no matter what - just for the publicity factor - that is, the "good" kind - and will thwart any attempts to take her out of there.
Not that Florida has any jurisdiction over the matter (I had a brief discussion w/xs earlier today) but Florida law is very similar. There is a strong presumption that attaches to a man signing a birth certificate and another putative father may not even have standing to challenge it!
Fascinating stuff. It would appear that the Bahamas would control, as the child has only lived there during her life. California would have an interest only if the allegation is that the child was conceived there (which is the logical assumption).