i need help my wife and I have been together for 10 years. She had a son that was 4 months old when we got together and i am the only dad he has ever known he found out that i wasnt his bio. dad and now he wants me to be his dad and have my last name his has never seen him or paid support or done anything for him what do i need to do to leagly adopt him
In Ohio, the biological father must consent to the adoption if the child was born when he was married to the child's mother, if he has established paternity, or if he is considered a putative father [meaning that he is and has been accepted as the child's father]. If any of the above apply, then the father has to consent to the adoption.
His consent is NOT needed if he has failed to contact the child within the last year, or if he failed to register as a putative father within 30 days of his son's birth. Also, his consent is not needed if he has relinquished or terminated his parental rights.
If he is willing to terminate parental rights, then he'd have to sign legal documents and possibly appear in court and make a statement, and, if he does all of that, the child could be adopted by you.
In OH, you would be eligible to adopt IF you hire an agency and/or attorney and consent to the laws placed forth by the courts. There is an application fee and you may have to go through a homestudy as well, even if the child has lived with you for several years and is also living with his biological mother.
I'd start by contacting the office of social services in your county and inquire about the adoption process. You'll need an attorney as well.
Good luck!