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Yes it can be until someone adopts the child...but in order for that to happen.  On for his rights to be ended he has to attest to paternity or it needs to be established in some way. They will not simply take your word for it and since you were not married his rights are not assumed.   At this point it sounds like he could say that he wasn't there because he didn't know if the child was his or not ect ect.  Please know that with trying to terminate his parental rights you will be opening a large can of worms...one that should have already been opened.  Your child has a right to know his father unless he is a threat to the child.  Tread carefully over the coming months because the decisions you make now will impact your relationship with your child for the rest of your lives.