A legitimation is out, because your current husband was never the biological father of your daughter. Your husband can file a stepparent adoption. The biological father of the child must be served with notice of the proceedings. To play it safe, I would also serve the man that signed the birth record as well. If the man that signed the birth record of the child never legitimated the child, the biological father should be served with notice of the adoption. Signing a birth record does not legitimate a child; it merely creates a presumption of paternity that can be overcome with clear and convincing evidence. If neither person can be located for service, service must be done by way of publication. Once the adoption is granted, the legal relationship of parent and child will be created between your daughter and your husband. This appears to be a much better way to deal with your situation. Go see a family law attorney about filing an adoption here.