Adoption by a stepparent

I recently married and we want him to adopt my son, who is 3. His biological father has only seen him a few times, he never calls, and he isn't on the birth certificate. His biological father is in the army and says that is why he is never around. Nor does he pay any child support. What can I do to get it where my husband can adopt my son.

find out your state's adoption statues to the rights of the bio. father. if he's not on the birth cert. nor dos he pay child support or is ever around and he doesn't have any custody rights, he may not be able to detest the adoption.

As long as the biological father is alive, the child can not be adopted unless the bio-father signs off of the child and relinquishes his rights. If not, down the road the adoption can be nullified.

c-ya

slpkntktybby is correct as to an adoption going through without bio dad's permission (at least in some states).

And although a person might detest (strongly dislike) an adoption, that won't matter legally.

I think what you were trying to say is "contest."

[sroutlaw]

I might add that "undoing" a "detested" (LOL I make those goofs too) adoption is VERY difficult, at least in my state. There is a very strict statute on the why and the how and the how long after the fact-in my state, you can only have an adoption reversed if a) all parties consent to it or b) the bio parent can prove fraud or duress-which is not at ALL easy to do, I might add. There is a statutory limit of one year from the time the adoption is final, as well...
So, some of the above info is quite wrong.
Also, there are MANY ways to have a bio parent's rights revoked without his/her consent. It happens every day across America, both for obvious things like incarceration, drug use, general unfitness, as well as for the lesser known "hasn't seen/contacted kiddo in six months/one year" and even "failure to provide support."
S

Agreed.