I am terminating my children's biological fathers rights. He hasn't been in their lives at all. He's in and out of prison. My husband has been their "daddy". He however has a previous felony from a long time ago when he was 19. I was just wondering if there were rules on step parent adoption. I know you can't adopt with a felony out right in Texas. I didn't know if it is different since I am giving him my permission being there mom.

First, please pay more attention to the instructions on posting. There is a Read First sticky at the top of the Adoption forum that directs question about the law as it pertain to adoptiuon to the Family Law forum where I've moved your post.

Second, you say you are terminating the bio father's rights. I wonder where you got that idea. Getting a TPR is a difficult thing to do, especially an involuntary one. However, the fact that the bio father has been in an out of prison may give you grounds.

YOUR permnission has little to do with the process. Your husband needs to file a petition for adoption in the local Famnily Court. He would be best served to get an attorney to do this, especially since it appears to involve an involuntary TPR.

YOU are not terminating anyone's rights. You may ASK him to allow the adoption, thus terminating his rights. He is not required to and if he chooses not to, it is a very long and difficult court fight to get them to order it.

As for the step parent adoption, typically ones record will not come into play if the spouse agrees. Step parent adoption and 'normal' adoption are not the same rules.

As already pointed out YOU are not able to terminate anything. You can ASK a judge to terminate his rights because your husband wants to adopt. Your husband needs to get an adoption lawyer (they are required for all adoptions) and that attorney will tell you all about the state laws concerning the adoption process such as how long you will have to have been married or in a stable relationship, as well as how to go about making a case for the judge if the bio father is not willing to go allong with the adoption.