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Attorney: I'm Anna Nicole's baby's father

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(CNN) -- An attorney representing former Playboy Playmate and reality television star Anna Nicole Smith said Tuesday he is the father of her daughter, born earlier this month in the Bahamas.

Howard K. Stern added that he plans to marry Smith.

"Anna and I have been in a relationship and we love each other, and it's been going on for a very long time, and because of my relationship as her lawyer, we felt that it was best to keep everything hidden," Howard K. Stern told CNN's "Larry King Live." (Watch Stern tell how the baby has been a "ray of hope" -- :54 external link)

Stern said he and Smith are confident he is the father, and "based on when the timing of when the baby was born, there really is no doubt in either of our minds."

Entertainment reporter and photographer Larry Birkhead also claims to be the father of the girl, named Danilynne Hope.

In a statement, Birkhead said Smith told him he is the child's father, and that he has proof.

He said he accompanied Smith to doctors' appointments until a "minor disagreement" took place while she was pregnant. He suggested a DNA test be conducted to determine the child's paternity. He also made similar comments to "Entertainment Tonight."

In response to Birkhead, Stern said, "I think, first, you have to look at what his motives are. If he honestly believed he was the father, based on when the baby was born, he should have handled it appropriately ... handle it through the proper channels, not through television and through the media."

Birkhead also has sent "a slew" of e-mails to Smith, Stern said, calling it "just completely inappropriate."

"Anna has had problems with people going to the media in the past about her, and for that reason, most people around her, including myself, have signed confidentiality clauses that we won't go to the media about her," Stern said. "I'm just very shocked at how he's handled this, under the circumstances."

Asked whether Smith and Birkhead had a relationship, Stern said, "she never considered him her boyfriend." He would not comment on whether Smith was intimate with Birkhead.

Smith, Stern said, approved his revelation that he is the baby's father. "I'm here because she wanted me to be here," he said.

He said Birkhead should have waited until Smith's 20-year-old son Daniel had been laid to rest. Daniel Smith died September 10, three days after his sister's birth, apparently while spending the night in his mother's hospital room with her, Stern and the baby, Stern said. Smith found Daniel Smith's body the following day when she woke up.

Stern said he and Smith plan to marry "at some point. Right now we have to somehow get through what we're going through."

The cause of Daniel Smith's death has not yet been determined. Toxicology tests have been negative except for Lexapro, an antidepressant, but "there may have been other prescription medication in his system," Stern said.

Although Daniel Smith had struggled with depression after a breakup, Stern said, "There's just no way that Daniel would have taken his life. He was so excited to come here and see his mom and be with his sister."

Hospital personnel tried to revive Daniel Smith, but his mother, who could not accept his death, continued to do so after doctors had given up, Stern said. Eventually, she had to be sedated and checked out of the hospital to avoid the media.

Stern would not comment on funeral plans for Daniel Smith.

Asked how Smith was doing, Stern said, "She's having a tough time of it. I can't really imagine being in any worse condition. She has help, she's doing the best she can, but you know, this is a really tough thing to deal with."

The baby, he said, "is the one ray of hope. It's the one thing that's really keeping her going."

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Attorney Howard K. Stern revealed to CNN that he is the father of Anna Nicole Smith's baby.



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