Legal Question in Family Law in California

People frequently assume that the name on a birth certificate is controlling over determining paternity. It is not. Only a Voluntary Declaration of Paternity (VDPA) would create a presumption of paternity, and in the context you have set forth, the birth certificate, or lack of name on the birth certificate, is irrelevant.

He does have a right to see your child, if he filed a paternity action against you, and was awarded visititation or custody. He would obviously have to prove his paternity, which he could do through genetic testing.

Your husband could bring adoption proceedings, to adopt the child. But the biological father's information would have to be given, and the biological father would have to relinquish his parental rights, or have them terminated by a court of competent jurisdiction, to allow the adoption to go through. There are some exceptions, but at the very least, the biological father would have to get notice.

Nolo Press has a book, title "Do Your Own California Adoption" if you are interested, but I recommend having a competent attorney handle the process.