My son is almost 18 months old. His father was in prison when he was born do to that fact he wasn't around to sign the birth certificate and not to mention we were never married. When he got out of prison he didn't say he wanted to sign the certificate so therefore he still isn't on the birth certificate. My son's "father" was only in his life for a short time two months to be exact. Then my son's father got into trouble again and had to serve more time. This time when he got out he took off I don't know where he is or what he is doing. I had to file for child support, granted I didn't want to but the police said it would be a good thing to do, so I did. I want to know if my son's step-father will ever be able to legally adopt him?

The long time prison time in some states allow you to take away their rights.

But an attempt to contact the bio father will have to be made to get his to sign over his rights to allow the adoption.

While he does not currently have "rights" he does have the right to ask for those rights, So you can not take that ability away without suing.