If your son is under eighteen and his biological father will not consent to the adoption, you would have to file a motion to terminate the biological father's rights to your son in order to move forward with any adoption. Consult with a lawyer in your jurisdiction to see if the facts in your case qualify for bringing a termination action against your ex. If you are able to terminate his rights, your husband could move forward with requesting the Court allow him to adopt your son.
Answered on Nov 07th, 2011 at 11:05 AM