Can my new husband adopt my son who has never been legitimized?

Each state will have a standard that must be met to make a child available for adoption. You must see if your child meets that criteria. There may also be a time requirement for the length of your new marriage before your new husband can adopt your son. You would also need to give notice to the biological father of the pending adoption proceeding.

Do you mean he’s BEEN IN prison for 12 years, or that he WILL BE in prison for the next 12 years? If he’ll be there for 12 more years, it would likely be easy to do. The problem is that even without having legitimated yet, he has more rights than your new husband, so something DOES need to be done regarding him. Transferring parental rights is more involved than people usually think it will be — especially in a stepparent situation. It’s no slam dunk, and in many cases, it takes more legal fees than expected. But because it CAN get more complicated than expected, it would be advisable to get a lawyer’s help. And even many lawyers don’t realize how complex adoption can be, so you should ask about their experience in that particular area. God Bless!

Even in jail, the father has rights in an adoption. Get a good adoption lawyer in your area so that you have the best chance of successfully navigating through the process. Make sure it is someone who has significant experience in such cases. I'd need far more information to tell you how easy or complex your case might be.