Legal Question in Family Law in Illinois

Y\ou and your husband can file a petition seeking to adopt your son. You have to serve the biological father with summons to give him notice of the proceedings. You have to make an effort to find out where he is, but if you can't find out you can still proceed with the adoptuion and give him notice by publcation. So yes it can be done.

Adopting a child in the circumstances you mention is pretty straightforward. Since the biological father has 'abandoned' the child, the court will typically find that he is unfit, clearing the way for your husband to adopt the child. The key to this process is to make sure the formalities are followed, so that the biological father cannot come back down the road and contest the adoption.