If your husband is the Father of the child, then he has the right to have an allocation of parental rights (APR) determination made by a court. The Mother of the child also has that right. It appears, however, that she may have sought the services of an adoption agency to assist her in the termination of her rights and to allow you and your husband to adopt the child. Both the APR process and termination process are far too complex to discuss in this setting. However, an experienced family law attorney can explain the rights and processes involved, and we recommend you have an assessment with such an attorney.