How can my boyfriend adopt my daughter without consent of bio father?

Texas Family Code Chapter 162 states who may adopt and who may be adopted as follows: Sec. 162.001. WHO MAY ADOPT AND BE ADOPTED. (a) Subject to the requirements for standing to sue in Chapter 102, an adult may petition to adopt a child who may be adopted. (b) A child residing in this state may be adopted if: (1) the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption; (2) the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption; (3) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child's former stepparent, and the nonterminated parent consents to the adoption; or (4) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child's former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption. (c) If an affidavit of relinquishment of parental rights contains a consent for the Department of Family and Protective Services or a licensed child-placing agency to place the child for adoption and appoints the department or agency managing conservator of the child, further consent by the parent is not required and the adoption order shall terminate all rights of the parent without further termination proceedings. Sec. 162.002. PREREQUISITES TO PETITION. (a) If a petitioner is married, both spouses must join in the petition for adoption. (b) A petition in a suit for adoption or a suit for appointment of a nonparent managing conservator with authority to consent to adoption of a child must include: (1) a verified allegation that there has been compliance with Subchapter B ; or (2) if there has not been compliance with Subchapter B, a verified statement of the particular reasons for noncompliance. Sec. 162.0025. ADOPTION SOUGHT BY MILITARY SERVICE MEMBER. In a suit for adoption, the fact that a petitioner is a member of the armed forces of the United States, a member of the Texas National Guard or the National Guard of another state, or a member of a reserve component of the armed forces of the United States may not be considered by the court, or any person performing an adoption evaluation or home screening, as a negative factor in determining whether the adoption is in the best interest of the child or whether the petitioner would be a suitable par

Once you and your boyfriend are married, there is a specific process where he may adopt your daughter through a step-parent adoption. You should meet with a family law attorney to discuss the next steps that are specific to your family and your goals.

After your boyfriend becomes your husband hire an attorney to prepare, file and prosecute a petition for termination of parental rights and step parent adoption.

I am unaware of any state that would allow a non-spouse to adopt the child. If you and your boyfriend marry, then there might be an avenue for him to adopt, but you would still have to terminate the biological dad's rights, and the court will be careful to make sure that he is properly informed of the proceeding before taking that step.