Actually, biological is unimportant. Most states require the consent, or at least notification, of the person who is on record as the child's father. Again, we need to know what state to advise further. If the husband who is not the biological father is currently presumed to be the child's father, that is the person you need to get permission from. If that's not the person you want to treat as the father, then you need a separate paternity/parental rights/adoption action. The courts generally take a dim view using a name change as a defacto attempt to change parentage.

