The Los Angeles County Superior Court judge overseeing Larry Birkhead’s paternity case for Anna Nicole Smith’s daughter Dannielynn has denied a motion to force Howard K Stern to be forced to immediately submit to a DNA sample - but has said he may change his mind at a further hearing later this month.

Speaking after yesterday’s ruling by Judge Robert A Schnider, Larry’s lawyer, Debra Opri said she feels confident that Howard will be ordered to California for the tests at some point and Howard “can’t hide behind a fake birth certificate … [his] feet will be held to the fire.”

She added that Howard may be “the father administratively [but] not biologically” and she urged Howard’s lawyer, James Neavitt to “stop perpetrating a fraud .. Put up or shut up, that’s what we’re asking for.”

Outside of the courthouse, Larry said that he’ll keep fighting the case: “I’m just doing what I have to do for my daughter .. I’ve been putting a nursery together, so I’m smiling. I’m in a good mood.”

He added that meeting Dannielynn for the first time recently “was like being in the delivery room .. It was one of the greatest things in my life. It was magic.”

Another hearing in the Bahamas - where Danielynn is currently living - is scheduled for Friday to discuss the issue of her parentage but Howard’s team doesn’t think it will be resolved any time soon. His lawyer Neavitt said after Tuesday’s court appearance: “Howard K Stern is the presumed father until one of the 12 or whatever people claiming to be Dannielynn’s father can come in and prove it. This is going to take months.”