Legal Question in Family Law in Indiana

Re: Childs father is an illegal alien, does he have rights?

You do not say whether paternity was established or not by court order. If so, he has rights. There could be no adoption until marriage and then father will need notice before any adoption.

Re: Childs father is an illegal alien, does he have rights?

If paternity was established by petition or affidavit, he has rights.

If your child is not adopted, his biological father can assert his rights at anytime subject to the statute of limitations. If your fiance ends up becoming your husband, he can adopt your son by a streamlined procedure and have the biological father's rights or potential rights terminated.