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If your son is over the age of 18, then he can make this decision by himself and your husband can adopt him without the consent of his biological father. If he was under the age of 18, then the adoption could only take place if the biological father consented, or a Petition to Involuntarily terminate Parental Rights of the biological father were filed. However, since he is over the age of 18, all you and your husband would have to do is file a Petition for Adoption with the Court
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