Legal Question in Family Law in Virginia

You need to consult with an attorney who handles adoptions in the

Commonwealth and who can explain to you the procedures involved

specifically with a step-parent adoption which would involve the termination

of the biological father's parental rights within the adoption process (whether

with his consent or not).

If your husband can be located and does not consent to the adoption you will have to prove to a court that it is appropriate to terminate his parental rights. If he cannot be located you can use one of the means of substituted service any attorney in your are should know about and proceed from there.