Hello again, Rachel.
If he states that he is not the father, that would typically be good for you since it indicates he would not contest the petition to terminate his parental rights
and the petition for adoption. If he claims he is not the father, the court could require you to serve any other man who could potentially be the father of the child, if any, so they have the opportunity to step forward and contest the petition.
Due process generally requires that the biological father have the opportunity to respond and oppose the petition. If he choses not to oppose it, that is his choice and the adoption is much more likely to be granted.
Even if he were to challenge the petition and seek visitation
rights, he would typically be ordered to pay child support
. Since he has never had a relationship with your child and has not attempt to support her, it is likely a court would find that he abandoned her and terminate his parental rights even over his objections since there is another man wishing to adopt the child.
In sum, it sounds as though you have a strong case for adoption, but you do need to locate the biological father and have him personally served with the petition so he has the opportunity to respond as required by Due Process.
Here is a link which provides information on the adoption process for step-parents:
I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!