When adoption would be in the best interests of a child and a surrendering instrument has not been executed, an authorized agency shall petition the court to terminate parental rights under the provisions of section 384-b of the Social Services Law, including the parental rights of the biological father of an out-of-wedlock child when his consent to an adoption would be required pursuant to section 111 (1)(e) of the Domestic Relations Law.
N.Y. Comp. Codes R. & Regs. Tit. 18 § 421.7