You will have to give the biological father notice. If you know where he is, you can serve him and have him sign over his rights to the new father. If you do not know where he is, you have serve him through publication (newspaper).
You need an atty. The parental rights of bio dad need to be terminated. An atty can help with that and then your husband can do a step parent adoption. It's a lot of paperwork and some time in court. It is worth getting an attorney.
You will have to terminate the parental rights of the biological father and then you file for a step parent adoption of your son once the biological father's parental rights are terminated.
Your husband would file a Petition for Intrafamily Adoption as he is your son's step-father. You or your attorney would ask the biological father if he would sign an Consent to the adoption. If he does, his parental rights are terminated. If he refuses to sign such, you have him served with your petition and will have a trial to determine whether the adoption should be granted.
You have to file for adoption and notify the birth father that his rights will be terminated. If birth dad doesn't care, it should be a snap. If birth dad did not know he was the dad, it will probably be a big mess.
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