A lawsuit filed by photographer Larry Birkhead seeks a court order for Smith to bring the girl to California for a DNA test. A birth certificate lists her current companion, Howard K. Stern, as the father of Dannielynn Hope Marshall Stern.
"Why should she accommodate him at all?" asked Bahamian attorney Wayne Munroe in an interview with The Associated Press. "I don't think she's going to run her life according to his wishes."
An attorney for Birkhead, Debra Opri, said she is traveling to the Bahamas this weekend to take depositions from Smith and Stern on Monday. She said Smith has been served with multiple notices of her request for a meeting.
"We're going to get that paternity test," Opri said in an interview from Los Angeles. "It may not be today, it may not be tomorrow, but I'm not going away."
On Thursday, Smith buried her 20-year-old son Daniel, who died while visiting her in a Nassau hospital three days after the baby was born on Sept. 7.
A private examiner said Daniel Smith died of an accidental lethal combination of methadone and two antidepressants. The results of official toxicology tests and a police investigation have not been publicly released.
Bahamas Chief Magistrate Roger Gomez said authorities would likely decide next week whether a jury inquest into the death is necessary.
A hearing on Birkhead's lawsuit in Los Angeles Superior Court has been scheduled for Oct. 26. If he is confirmed to be the father, he could receive visitation or custody rights and possibly a large amount of child support.
Anna Nicole Smith, who moved to the Bahamas while pregnant with her daughter and obtained permanent residency, plans to stay indefinitely, Munroe said.
"What has happened with her son has only made her more inclined to seek tranquility and peace," he said.
By Michael Melia