First this is a legal issue so its been moved to the appropriate forum. Please choose your forum more carefully in the future.
Second, ANY question about laws needs to include your general area as laws vary by area.
Finally, the main issue here is whether the bio father wants to be the legal father. UNTIL the bio father goes to court to exercise his rights, your son will remain the legal father. If the bio father doesn't want to be the child's father, then your son can apply to adopt.
If the bio father does want to be the legal father things get murky and more dependent on local laws.
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