NC paternity law question: Is the husband considered legal father even if baby has bio dad's last name?

[jarel]

My brother-in-law has a messy relationship that he's been in and out of, mostly in, for the last two or three years. The girl is still married to her "ex" and they have a almost-three year old that considers my brother-in-law her father, and all of us her family since she never sees her real dad (to be honest, my brother-in-law is not much better than her real dad). Anyway, he and the girlfriend have an eighteen month old together (my niece). At the hospital when she was born, the doctors of course wanted to give the baby the husband's surname since they are not legally separated or divorced. My brother-in-law by all accounts pitched a fit, and the baby was given our last name, but my brother-in-law was not listed on the birth certificate (it was left blank). He and the girlfriend just had one of their more serious break-ups, and her mom came to get her and both kids (they were living with my in-laws). My mother-in-law is panicked because the girlfriend is an awful mother, and she (my mother-in-law) has pretty much raised both girls, but my brother-in-law has done nothing to establish paternity or rights. And now she is gone with both kids (one while we love we know we have 0 rights to). So does the whole thing of "husband being legal father" still apply if the baby has the real father's name?

[boyce]

If mom is married, her husband is the legal father. Bio dad can file a paternity action and get DNA. Husbands name, for now, is on the BC.

[shadrach]

Both biological parents will always be the legal mother and father, there is no way to change that.