Complicated Paternity Queston for adoption

State is West Virginia.
We are adopting a baby. The birthmother was married at the time of conception of this baby and is still married but the father is not her husband. She had an affair but was not separated from her husband at the time. She has put her husband as the father on the birth certificate even though he isnt. Her rights and her husband have been terminated. We have had the baby since she was born. My question is the birth father, does he have any rights? Does he have to give up his rights since this was an extramarital affair?

In Indiana, the pivotal points would be whether the biological father had established paternity of the child or whether he registered in the state's Putative Father Registry.

If he had done neither, then his consent to an adoption would be irrevocably implied.

The laws may be different in your state.