Papers were filed on Monday, according to the newspaper, by high powered attorney, Debra Opri. Smith, whose 20-year-old son died at her beside on Sept. 10, was served in the Bahamas, where she's been in seclusion since his death there.
Birkhead "seeks truth in paternity as he believes beyond any doubt that he is the father and seeks a presence in this child's life. He is concerned for the health and safety of the child based upon drug issues and manipulation by a third party for purposes contrary to the interests of the child," Opri said in a statement given to USA Today.
Birkhead reportedly alleges that Smith attended a drug detoxification program in April 2006 while she was pregnant with her newborn baby. Sources tell "The Insider" that Smith's baby may have been born addicted to drugs as a result of her mother's alleged past drug use, which possibly included methadone.
Birkhead spoke via satellite with MSNBC's Rita Cosby on Oct. 2 about the paternity suit.
"I was outraged and angry over Howard K. Stern's remarks on 'Larry King Live' where he claimed to be the father of my baby girl. That really upset me and I was outraged that he tried to hoodwink the American public and Larry King as well," Birkhead said. "I feel that she had deliberately fled to the Bahamas to avoid any talks of custody and visitation and that this was all a highly orchestrated event between herself and her attorney Howard K. Stern."
"Right now I have no rights, no visitation, no rights whatsoever, they were all stripped from me ... I'm ready to fight for my daughter," Birkhead told Cosby.
On Sept. 26, Stern told Larry King that he is the "proud father" of the little girl born Sept. 7 in the Bahamas. Smith and Stern recently exchanged vows but the ceremony was not legally binding.
"Right now we have to somehow get through what we're going through," Stern told King, referring to Daniel Smith's death. "And I'll tell you, our baby is the one ray of hope."
Cyril Wecht, a well-known pathologist hired by Anna Nicole, said her son Daniel had methadone and two antidepressants in his system when he died in his mother's hospital room. A combination of the three drugs caused an accidental death, Wecht said.
2In a recent interview on US Weekly's Web site, Birkhead called Stern's remarks to King "laughable."
"I am not surprised he would say this but I am laughing at it," he said. "Larry King didn't even believe Howard … I know I am the father of the child. I look forward to having a relationship with my new daughter."
In an interview that aired on TV's "The Insider" last month, Birkhead said he met Anna Nicole when he was assigned to photograph her at the Kentucky Derby. He added that their relationship ended shortly after she became pregnant.
Opri's statement to USA Today said that Birkhead is "responding to the 'circus-like' atmosphere with Howard K. Stern as ringleader this past week wherein serious and false allegations that Stern is the father were made and many defamatory remarks about Mr. Birkhead needed to be addressed."