I have a 10 year old son and his biological father has never really been in his life. Any child support I have ever received was taken from him by the state. He wishes to sign his rights over and I want him to sign his rights over. My soon to be husband takes care of him and is the only dad he really knows. My fiancé and I have 2 children together and they have his last name as will I when we marry and my eldest son is going to feel like an outcast in a few months because he will be the only one in our household with a different name. My question is, if my ex and I and my fiancé all agree to this, is it possible to do with minimum to no court involvement?

It would be an adoption after you are married and the Court would need to be involved. These "side deals" are never legally sound.

He cannot sign over his rights unless it's to make way for an adoption. So, like Judy said, the courts will have to be involved. Your fiancé will have to legally adopt your son in order for the bio dad to be able to sign away his rights.

Only a court can terminate parental rights. Only a court can approve an adoption. So there is no way to do this without court involvement.

On the other hand, if all parties are in agreement then the adoption can be handled easily and simply. I would still recommend having an attorney draw up the adoption paperwork to make sure the court will approve them.

Also, most areas (any question on law needs your general locale as laws vary by area) require that you be married for a period before there can be a step parent adoption.