December 21, 2006 10:09 PM

The first step in photographer Larry Birkhead‘s fight to prove the paternity of Anna Nicole Smith‘s daughter Dannielynn, 3 1/2 months, has been a success. In a ruling released Thursday, a judge ordered a paternity test to reveal whether the biological father is Larry, 33, or Howard K. Stern, 38.

Of the ruling, Larry said, "If I was on anybody’s Christmas list, they can scratch me off because this is the best Christmas present I could have ever received…I’m one step closer to beginning a relationship with my daughter."

However, Anna’s lawyer countered by claiming that the judge threw out 80% of their case. No word on when the paternity test will take place, or if the results will be revealed to the public.

Source: People

Thanks to CBB reader Jennifer.

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