Family Law Questions? Ask a Family Lawyer Online.
Thank you for contacting our JA team for guidance, Kristy.
Please let me know what state the child is in? Is someone wanting to adopt the child? Have you filed a petition with the court? If so, what was filed?
I see. Unfortunately, it is not that simple. First you have to terminate parental rights of the biological father and then begin the adoption process by your husband. You can always have the child's name changed. That is a relatively easy process, but it would not establish parental rights.
You really should consult with a family law attorney in your area. The NC bar association's website is a good place to begin your search and should include low cost and pro bono services
All the best to you and your family.