I had my daughter out of marriage and her father has only seen her once he is not in the birth certificate but she has his last name. He has been in and out in jail and would get deported once he gets out he is illegal here we have no contact with him at all. Now I have been married for 3 yrs and my husband has been there for my daughter ever since she was 1 yr and 8 months she knows him as her dad she is 5 yrs old now. We need to know what to do in order to get this done and does her real dad has any rights. Anything would help .:confused:

Of course her real dad has rights.

You will need to at least make a good faith attempt to contact him to get him to sign them away before your husband can adopt.

Contact a family lawyer in your area. They will walk you through the legal steps you must take to make this happen.