“If his name is on the birth certificate, does the biological father of my son have legal paternity if we were never married?

I was a single mother when I gave birth to my son in 1996. Even though the biological father was not present at birth, I was able to file the birth certificate (in California) with the name of the biological father listed as the father on the certificate. I am now married to another man who would like to adopt my son. I would also like to secure a passport for my son and passport applications list that both parents need to file for the passport. My son is now 10 years old and his biological father has never met my son nor paid child support. Is it safe to say that I have sole and legal custody of my son? Will I have to contact the biological father and obtain his consent in order for my husband to adopt him?”

Biological father will need to be sent notice of the proceedings, and could object and make things difficult. It is too bad he never did have a relationship with his son, as that’s usually in a child’s best interests.