Ok so I am not totally sure who my daughters father is I was young and careless. So when I got married to my ex-husband he signed her birth record as her father knowing full well he was not and there was no way he could have been. When we got divorced the judge said his name was to be removed from the birth record but the mass department of record will not take it off. Now I have been with my current husband for almost 7 years he has been my daughters father for more then half her life how would I go about having him adopt her this is what he along with her want?

Why is the mass department refusing to remove his name over a court order?
There must be an explanation.

Your ex husband should be able to give you and your husband permission through the court for him to give up his rights so that your new husband can adopt. The mass department should be willing to cooperate with your new set of circumstances but you ex has to go along with it too.

First did the judge "say it" or did the judge include it in your divorce documents and have it proven by a DNA test. The family court can of course take away all of his rights.

Can I guess or assume you divorced in another state, which would be part of the issue also
** just a guess, one state not reconising court order of another state ( again assuming you got a court order from the court to change the birth certificate.
In fact the family court could have issued you a new birth certificate??

But for new hubby to adopt, you will need an attorney anyway, you file, most likely to make it easier, your ex will sign any rights away since he is the father of record, but you also file that you don't know who the father is, going back to divorce documents