Nope. That can't happen without the permission of the father of the child... and most judges will have a real problem with you changing a child's last name to a step parent's name.

You see, that could be seen as a "back door" adoption.... where a person ASSUMES the rights of a parent even though he/she does not have the legal right to do so... effectively replacing the parent for all intents and purposes.

Best solution is to have your husband ADOPT the child. That is not a DIY project and you should consider the services of an attorney.

A parent that cannot be located can be served via public notification, but a judge has to authorize that measure.