My fiancé has been in my life for 5 years and I have a 8 year old son who is not my fiancés child. His biological dad has never been in my sons life, and has never had an interest in my son nor has he never paid any child support, how can I legally get my sons biological father to sign over his rights so my fiancé can adopt him if he even can. My son has never seen his real father, and the only person my son has known as his dad is my fiancé.

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First you need to know that many courts won't allow an adoption until you have been married for at least one year. Second once you have meet that requirement (check with a lawyer though because states differ in the time) then you can go to court and if his bio dad really dosen't want anything to do with him he may just sign him over.

Get married first - then worry about having him adopt your son.

As the others have said, you have to be married a year before the courts will even allow the adoption.

At that time the easiest way to go is to get the consent from the father. If the father won't consent, but hasn't seen the child or paid support for a year (this is the common time for most states)... then you could petition to have his rights terminated on the grounds of abandonment and to allow your husband to adopt. Keep in mind the latter is much harder to do and costs a lot more money.

If the father will agree, you will need an attorney for the adoption anyway, so they usually can just take care of it all (the relinquishment of rights and adoption). My attorney is doing everything for a flat fee of $550.