If the bio dad was under a court order to pay child support and has not paid for over a year, that would be grounds to terminate his rights. Other grounds are detailed in the statute with link below.
Another approach would be for your husband to file for adoption but this will only work with the bio dad's consent. Otherwise, you will have to terminate parental rights in order to be allowed to adopt.
Disclaimer: Information posted for educational / informational purposes only. No attorney client relationship created through the use of this web site. Information pertains to the State of North Carolina only. See our website, www.RiceFamilyLaw.com for more information.
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