have you asked if he would sign over rights? If he won't I don't think a judge will unless he feels it is best for the child. just keep letting your husband be daddy. With the child last name it 's up to the judge. we thought we could change it because my sd does not have her mother or her fathers last name some other man. but because her brother has that last namae the bio mother fought to keep it the last name as is. and she won. So SD has bio mother ex husband last name. I think she didn't want everyone to know she has 3 kids from diff dads. because her other child has her new last name with her new husband. so judge are very werid at times.my sd always ask about the last name and we tell her when she gets older she can change it. Good luck, Beth