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I'm not sure, I believe so. How would I know? Like I previously stated, during those proceedings he took a paternity test and it was discovered at that point he was not the biological father. However, to my knowledge they did not change the birth certificate, and the child is still carrying his last name.
Okay.
Let's put this one to bed :)
If you want to challenge paternity, you can try that. The court may or may not allow you to do so.
If you don't, wait until Mom has you served.
More importantly though, think about what is in the child's best interest. Not yours, not Mom's, not her ex's. But the child's.