I wanted to know if my husband could adopt my 2 little girls there bio father does not pay child support and his name is not n the birth certificate but my girls do have his last name will I still have to get his consent.

Yes you will have to try to get the bio father's consent.

Does he not pay support because there is no court order to pay?

You WILL need an attorney to process the adoption. The attorney will tell you how to do it if the bio father refuses to agree.