she has my last name. biological father not on birth certificate, he never signed papers at the hospital, and has never been in her life even when given the chance to be
Hire a lawyer - step parent adoption can be a tricky process. It will take a longer conversation to determine what, if anything, needs to be done about the biological father.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.