A biological father may or may not have legal fatherhood, and vice versa. When a kid is adopted, a stepparent is involved, or a child is created during an extramarital affair, this can happen. Even though you are not the biological father of the kid, you are believed to have legal fatherhood in certain circumstances. Establishing paternity requires a court order, which will also decide custody and/or visiting rights, as well as other parental obligations, depending on what is best for the kid. If an unmarried father's name is not on the birth certificate, he has no legal rights to the kid.