If the biological father has never seen there child since birth an the child is now 2 1/2 does he have any rights to the child?

Yes he does but can you also tell us if his name is on the birth certificate and does the mom acknowledge him as the father?

No his name is not on the BC because of the cercumstantes... My duaghter has not seen him all her life and if I had my way never would... She does not need him in her life... He has been in and out of jail his whole life... He currently sits in jail now... Also he has a daughter 2 months younger than mine... Right now my soon to be husband wants to adpot her but we need to know if her biological father has any rights and if my soon to be husband can adpot my daughter before we are married?

There is no father listed on my daughters or my sons Birth certificates. My soon to be husband has been the only father figure in my daugthers life...

You need to wait on the adoption until after your married. Prefferably at least 1 year. Then you will need to get a legal father declared by court DNA then have them sign off for the adoption.

Him trying to adopt before marriage would mean your adopting out the child also. I don't think that is what you want.

As part of the adoption process, you will be required to identify the bio father and get his agreement to the adoption. Just because you left him off the birth certificate does not relieve you of this obligation to get the fathers assent to the adoption.

If he refuses to assent there may be things you can do to get his rights terminated to clear the way for the adoption. I would suggest that you start shopping around for an attorney now to handle the adoption.

So yes, the bio father still has rights even if left off the birth certificate and even if he has not seen them. He has just not went to court to enforce his rights.

After you are married, you can apply in court for an adoption. But the bio father will have to be identified and contacted. If he will sign over his rights to the adoption it will go much easier.