In order for you husband to do step parent adoption, the biological father would have to have his parental rights terminated either by court order or by consent.
Perhaps the best way to sell this to the biological father is that he will not have to pay child support if her terminates his parental rights and consents to the adoption.
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Generally speaking an adoption cannot occur without termination of the biological parents rights. Did biological father ever acknowledge paternity? That will make a difference. Will biological father voluntarily surrender his rights? That too will make a difference. There are many issues involved here. I suggest you contact a local family/custody attorney to explore your options. Best of luck to you.
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