My nephew is married to a great women. He stared dating her 3 months after she gave both to her son. He is the only dad this boy knows. Bio dad is not in his life never has been. Has been in and out of jail. That have asked him to surrender parental rights so my nephew can do the right thing and adopt this boy wants our last name. What can they do. We live in pa

Your nephew has to adopt, and that means the bio father has to sign papers agreeing to the adoption. It will be a long process. They really need a lawyer, especially if the bio dad won't cooperate. In general terms, his life of crime and lack of care for the child count for something, but courts don't take away rights as easily as many people think.

What can they do? Get an attorney! It is not necessary for the bio dad to sign the papers. The court can override his objections and approve the adoption. But an attempt needs to be made to serve the bio dad with papers and get him to sign off. An attorney will know how to satisfy the court that such an attempt has been made. If the bio dad signs off, it is much easier.

Agreed, this is a long, and somewhat complicated procedure, There is no way to do it, without attorney.

If the bio dad agrees to sign, then it goes easier, and much cheaper.
If the bio dad does not agree, it can be done (sometimes) but is harder and will cost a lot more

*** please note, the right thing, is being a father, being there for the child like he has done