When I was a month pregnet my sons father and I went our different ways . Know 5 years latter my son has never heard from him or seen him . We live less then a mile away from each other and has been it the same line at store , never tried to talk to me our to my son , I told him that I was pregnet he said he now . He also never signed the brith cerificit . 5years thing dose he have any rights . Can my husband that has been here since my son was 18 months old can he father him on papers?

Yes he has rights if he chooses to exercise them. You husband would have to legally adopt your son. You will need to get the father's permission, but that wouldn't seem to be a problem.

Thank you I am trying to figure out how to do all this I am not getting much help for the lawyers around here, try to find the steps

First, please don't use the Comments for follow-up. Use the Answer options instead.

You really need an attorney to file the paperwork for you. Any Family Law attorney should be able to handle a step-parent adoption

Not sure why you can't find an attorney to help you, This is case book standard case, should be happenng dozens of time a month in your local court even if this is a small rural area.

You need a family law attorney, and ask about a step parent adoption. In the process of the adoption, the bio parent signs over his rights to allow the adoption.
He retains his rights till the day of the adoption.