A Los Angeles judge has stayed his previous ruling that ordered Anna Nicole Smith to submit her daughter for a paternity test.

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Superior Court Judge Robert Schnider, who issued his original ruling Dec. 21, scheduled a follow-up hearing for Feb. 7, Eonline.com said.

Photographer Larry Birkhead filed suit against Smith in October, claiming he is Dannielynn's father and requesting that Smith present the child for a DNA test. Birkhead sued Smith and Howard K. Stern for fraud and conspiracy after Stern's name was listed as Dannielynn's father on the birth certificate.

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"Today (Tuesday) the court ruled that the collection of DNA samples may not go forward at this time," Smith's attorney Ron Rale said. "(T)his has nothing to do with Anna Nicole refusing to comply with court orders."

Smith's legal team argued that a judge from the Bahamas, where Smith has been living since August, also needed to approve the order before their client could be compelled to comply.