Generally, your husband will be able to adopt your daughter through a stepparent adoption proceeding. However, unless the biological father provides consent, you would first have to pursue an action to terminate the biological father's parental rights prior to proceeding with the stepparent adoption. It would be prudent for you to consult with a family law attorney on this to ensure that it is done right. Good luck.
FOR WEST VIRGINIA ONLY: A Consent to Adopt must be filled out; it is not a "form" but must be prepared exactly in accordance with the West Virginia statute requirements. Adoption is a complicated matter to accomplish and must be done to exacting standards. You really need to see an attorney.
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