My sons bio dad left three years ago. He sighned the birth certificate at the hospital and for the first 8 months everything was fine, until his mental illness got control of him. He then proceeded to tell me he wasn't the father, and on April 1 2012 he left and never turned back. There has been no contact between him and my son since that date (April 1 2012) and I am wondering if he has any rights to my son, since he is on the birth certificate. My main reason for wanting to find out is because my husband wants to adopt my son and make him legally his. Please help. I don't want child support or anything from the bio dad, I just want my son to have the same last name as his daddy (my husband) and have a sense of security.
Thank you.
-Ashley

Yes, in most states, each parent shown on the birth certificate has the same right to custody of the child as does the other parent.

But that is a different issue than whether your husband can adopt the child. In most jurisdictions, the biological father must be given notice of a petition for adoption. If he objects, however, it may be possible to waive any consent requirement. You and your husband should consult an attorney in your state.

A man has the legal rights of a father until a court takes them away.

But as AK says, the question of whether your husband can adopt is different. I would recommend that you consult an attorney about the adoption. The attorney would tell you what you need to do with respect to informing the father about the adoption. Unless the bio father objects and can prove adoption is not in the child's best interests, the court is likely to grant the adoption.

The bio father, on or not on the birth certificate has specific legal rights.

Since he is on the birth certificate he is already considered the legal father.

So your attorney for the adoption will have to contact the bio father and get him to sign his rights over, to allow the adoption.

This is one of those, you needed to be getting the child support, since that would help induce him to sign to allow adoption, At this point, there is no real reason he has to care about signing,

Also he can come and file in court for visitation at any time in the future.

Your attorney may be able to get the adoption though, without him signing, but it is harder and will cost more money