signing away rights

I have a six year old son, and I would like to have his biological father sign away any and all rights that he has. He has never been there from the beginning and is straight out not a stable person. I have met a wonderful man who treats my son as his own, and is more than willing to adopt him. Where do I begin?

I know from first hand experience and so does usmcfamily that the ONLY way for your husband to adopt your child is for the bio-dad to agree to sign away his rights. If he won't sign off, it can't be done. If he does agree, you're home free! Have you approached the bio-dad about this subject?

[usmcfamily]

Well, as Ronne said, you are not alone here! For all practicality the only way for this to happen is for the bio-dad to sign off....unless you want to be REALLY involved legally in which case you can consult a local attorney about petitioning for termination of parental rights of the bio-dad to allow for an adoption by the step-father.
There are plenty of criteria for this, though, and they vary by state so don't take all of this as fact ..... check w/an attorney or your local legal aid for local facts.....just as some information I have gathered in my own search.....
First....you mention you have met a wonderful man......are you married? To my knowledge a court would be VERY VERY unlikely (if at all) to allow adoption by anyone other than a step parent for your situation. *the idea here being that the termination of rights of the bio-dad is only if it is to put the child in a more stable family relationship and for most purposes non-married relationships are not considered stable.... no offense, just fact*
Second.....as I mentioned, courts are very reluctant to terminate rights UNLESS you can prove it is in the best interest of the child....so get your ducks in a row. Have documented proof of the bio-dad's "abandonment"....i.e. emotional and financial non-support! Also, be able to tell about the relationship the child DOES have with the adoptive party!.....in my case my husband is the only real "daddy" my daughter has known - bio dad is major non-supporter! Best way to know what to present and how to present it is an attorney. As I have told many people here .....most if not all attorneys will offer free initial consultation.....use it!!!!! Be up front with them and tell them what you know and see if they think you have a chance. The attorneys in your area will have had experience with your local family court judges and will know first-hand what to expect!
Of course, best case scenario is for bio-dad to voluntarily terminate rights....this still requires court involvement but is SO much easier because you don't have to try to convince the court to terminate for you!!! Talk to the bio-dad---if you think he even MIGHT be willing....if you don't think he would even consider talk to your lawyer first...as I have learned in my own experience if they are going to be non-cooperative it is best not to give advance warning to let them start fighting before the fact!
Most of all.....keep your chin up....you are doing what is best for your child and that is what is truly important here.
I am glad to see you have questions here too as maybe I can use some of the info you get for myself.....you are not in this alone....if you need anything...even just a shoulder to cry on you know there are others here!
Good luck and God Bless