Can my husband adopt my kids if the father cannot be found?

Yes, you will need to file a Petition to Terminate the Parental rights of the biological dad, get a process server to attempt to locate him and if he cannot locate him then the Process Server will prepare an Affidavit of Due Diligence and you will file that with the court asking the Judge to allow you to publish and then default the biological dad. Thereafter you can file for Step parent adoption.

There are really two parts to your question. First of all you will need to terminate the parental rights of the biological father. This can be a long and expensive process. In addition there will need to be a termination study prepared by a court approved agency. Once the termination is complete, then a Petition for Adoption may be filed by your husband. The fact that he is a naturalized citizen should not impact his ability to adopt your children. It is essential that you consult with an experienced adoption attorney to review your situation and be properly advised of the necessary procedures.