He doesn't have to adopt the baby. He's already the legal father.
If it's established who the biological father is, regardless what name is on the birth certificate, he will have to give up his parental rights in order for someone else to adopt the child. He can also go to court and have the name on the birth certificate changed to his.
Your spouse may adopt the child but the court will have to serve notice of that proceeding to the biological father.
The mother is the legal guardian from birth and can give the child any name she wants but she can not sign for the father on the birth certificate. He have to sign it and if she was below age of consent when the child was conceived he can go to prison for statutory rape.
Your husband has no rights over the child because he did not help in the creation of the child, but he can legally adopt her.
No. The person adopting a child does not have to be legally married. If that were the case, only married couples would be able to adopt.
no
Only if the birth father's parental rights are terminated (legally)If the birth father disappears, you may be able to have his rights terminated due to abandonment, but there's no guarantee that this will be granted.
now a stepfather can't adopt a child without the concent of the child's father
The biological father would have to voluntarily relinquish his rights or the court would have to terminate his parental rights to the minor child before the child could be adopted by anyone. FYI, in most cases the "boyfriend" could not adopt the minor child even if the biological father were to give up his parental rights. The mother of the child and her significant other generally have to be legally married before the court would allow an adoption to proceed. This mostly depends on whether your state recognizes your union in some way (some sort of civil union). Occasionally, some odd exceptions are granted (in Alaska, there was a petition where a 3rd person wanted to legally adopt a child, and the court granted it)
I think that a paper with a signature should not be powerful enough to separate a creature from its creator. In this case, a father and an offspring. Legally, the father of that child is the person that signed the birth certificate, so no, the biological father does not have a right. Although, if you can get some type of blood test, then with the results you might have a chance to fight it off in court!
yes
The biological father should have been put on the birth certificate to begin with so why would he have to adopt them. If he wasnt at birth, see if you can get the birth certificate to reflect the truth. You may need to get a DNA test results and bring it to the hospital where the baby was born. Adoption proceedings are costly and drawn out.