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Smith's Lawyer: 'DNA Check not necessarily conclusive...'
Fox News | 2/9/07

Posted on 02/09/2007 9:51:04 AM PST by pabianice

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To: furquhart

As in who?

Zsa Zsa's husband?


81 posted on 02/09/2007 11:27:42 AM PST by RockinRight (What I want in '08: Gingrich's politics, Reagan's appeal, and Tancredo's immigration stance.)
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To: mware

The family that was after the money was the family of the old man's step son, who died in June. I just think that there have been way too many deaths related to that money and that no one should have access to it, but to spend on care of the baby.


82 posted on 02/09/2007 11:35:17 AM PST by Eva
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To: RockinRight

has the baby appeared on Oprah yet?


83 posted on 02/09/2007 11:36:20 AM PST by nascarnation
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To: Eva

As long as the baby's undisputed mother was alive, the Bahamian government wouldn't have any reason to interfere with the decisions that the mother was making -- which apparently consisted of endorsing whatever Stern wanted to do. As far as I know, no US court has requested that the baby be returned to the US. That's likely to change very soon, and I don't think there's any reason to expect the Bahamian government to refuse to comply, in deference to the wishes of the non-Bahamian citizen, not-definitely-the-father Stern.

Extradition is not the right term for what our courts would order for the baby's return, though I'm not sure what is. If Stern interfered with the implementation of such an order, he would be committing a crime under US law, and would be subject to extradition. I'm virtually positive that the Bahamas is not one of the countries that doesn't honor child custody orders from the country of which the child is a citizen. I expect that Stern would be treated like Allison Quets, charged with kidnapping and extradited, if he did not return the baby to the US upon a court order to do so (presumably the order would actually go to the Bahamian government, but Stern appears to be the only one in a position to interfere with the baby's return).


84 posted on 02/09/2007 11:47:24 AM PST by GovernmentShrinker
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To: TruthConquers; RockinRight

Both her parents (assuming one of the two primary father-claimants is the father) are US citizens. To have Bahamian citizenship at birth, she would have to have at least one Bahamian citizen parent. Even then, if the other parent was a US citizen, she would have dual citizenship. Very few countries' laws make a person a citizen just by being born there.
http://www.multiplecitizenship.com/wscl/ws_BAHAMAS.html


85 posted on 02/09/2007 11:52:58 AM PST by GovernmentShrinker
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To: GovernmentShrinker

So we're about the only ones?

Nice.

We need to end the anchor baby issue...but that's a topic for another thread.


86 posted on 02/09/2007 11:55:31 AM PST by RockinRight (What I want in '08: Gingrich's politics, Reagan's appeal, and Tancredo's immigration stance.)
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To: RacerF150

OMG, you could be right! As Dickens wrote "The law is an ass", but surely not that big an ass!


87 posted on 02/09/2007 11:57:41 AM PST by expatpat
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To: org.whodat

The baby IS a US citizen, and has no other citizenship. Being born in the Bahamas does not make one a Bahamian citizen. Being born to US citizen parents (even just one) DOES make one a US citizen.


88 posted on 02/09/2007 12:13:35 PM PST by GovernmentShrinker
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To: GeorgefromGeorgia

Actually, his statement that DNA is not conclusive is itself conclusive, but not in his client's favor.


89 posted on 02/09/2007 12:19:26 PM PST by ArmstedFragg
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To: furquhart; Sherman Logan

"Forget it, Jake. It's Chinatown."


90 posted on 02/09/2007 12:38:21 PM PST by Shermy
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To: Shermy

Gag me.


91 posted on 02/09/2007 12:43:38 PM PST by Sherman Logan (Recognition of one's ignorance is the beginning of wisdom.)
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To: Sherman Logan; furquhart
Nicholson and Dunaway Clip
92 posted on 02/09/2007 3:08:31 PM PST by Shermy
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To: GovernmentShrinker
Oh really!

Person (18 years or older), born in the Bahamas, but whose parents were not citizens of the Bahamas. Person (18 years or older), born in wedlock outside the Bahamas to a Bahamian mother. Child adopted by Bahamian citizens.

93 posted on 02/09/2007 3:21:53 PM PST by org.whodat (Never let the facts get in the way of a good assumption.)
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To: pabianice
And the king said, Divide the living child in two, and give half to the one, and half to the other. 1 Kings 3:25

See Tag Line... WWSD

94 posted on 02/09/2007 3:23:52 PM PST by DocRock (What would Solomon Do?)
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To: org.whodat

I don't understand the point of your post. The baby is not 18 years or older, so she does not have Bahamian citizenship, though she will have the right to register for it and become a Bahamian citizen at any time between her 18th and 21st brithdays. Meanwhile she is a citizen of the US only (unless some citizen of the Bahamas or of some third country turns up and it able to prove biological paternity). My understanding is that the Bahamian government's current position is that the man on the birth certificate -- US citizen Howard K. Stern -- is the legal father.


95 posted on 02/09/2007 7:25:23 PM PST by GovernmentShrinker
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To: RockinRight

Not according to the summary of Bahamian citizenship laws that I linked. She currently does not have Bahamian citizenship, but will have the right to become one at 18 if she registers for it. If she hasn't registered for it by age 21, she loses the right. Meanwhile she is a US citizen. BUT from the current perspective of the Bahamian government, Stern is her legal father by virtue of his name being on her birth certificate. Until a US court rules differently, and informs the Bahamian government that it has done so, the Bahamian government will presume her to be in the legal custody of her father (Stern). Until and unless that has happened, absent a formal demand from a US court to send the child and/or Stern back to the US, there's really nothing the Bahamian government can or should do. I still haven't heard of any such order emanating from a US court (presumably it's forthcoming though).


96 posted on 02/09/2007 7:40:27 PM PST by GovernmentShrinker
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To: paul51
Typical attorney thinking. When the facts are against you, argue the law. When the law is against, you argue the facts. When both the facts and the law are against you, just argue move to the Bahamas.

there, fixed it....

97 posted on 02/09/2007 7:58:00 PM PST by eeevil conservative (Religious Zealot from the Right Wing Church of Hate...............)
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To: pabianice

well 1 in a billion million is technically not 100% conclusive........


98 posted on 02/09/2007 8:00:04 PM PST by Right in Wisconsin (Have a Happy Day)
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To: Joe 6-pack

Giggle Giggle


99 posted on 02/09/2007 8:00:57 PM PST by Right in Wisconsin (Have a Happy Day)
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To: annelizly
at the time the baby was born I thought it was odd that anyone would go to the bahamas to give birth....now it makes a chilling kind of sense.

Indeed. Stern is probably the toast of the American Bar Association right now, sadly.

100 posted on 02/09/2007 8:05:27 PM PST by Charles Martel (Liberals are the crab grass in the lawn of life.)
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