A Florida father is fighting for the custody of his daughter who he was told died at birth by the baby’s mother, but was later put up for adoption without his knowledge.
Brandon Marteliz has been involved in a grueling custody battle for his baby girl, Amiya, since he found out she was alive and healthy.
In October, a Florida judge determined that because Marteliz did not provide financial or medical support for the baby, and was not listed on the birth certificate, his consent was not required for the adoption to proceed.
‘I felt like okay, well I’m the father, I’m her dad, I can take a test, I can prove I’m her dad, my daughter’s alive,’ Marteliz told ABC Action News.
Now, his daughter has been adopted by other parents and the time to appeal the case has closed. Amaya will turn 2 years old in January.
Brandon Marteliz thought his daughter had died at birth, but he later found out that she was put up for adoption
His daughter’s mother told Marteliz that their child had died from sudden infant death syndrome. Amaya is pictured after her birth, alive and healthy
When the baby’s mother had their daughter, Marteliz said that he got a text message from her stating their child had died at birth from sudden infant death syndrome.
He then lost contact with the mother for about three weeks, which is when she told him that she had their child. Court documents revealed that a day after their baby was born, the mother consented to adoption.
Marteliz was listed as a ‘man who may have interest in the minor child’ in the filings, but soon found out that his daughter was in the care of the Heart of Adoptions- a private agency in Florida.
Court documents revealed that because the couple were not married, parental rights were not required at the time of the adoption.
Marteliz was also not listed on the baby’s birth certificate and he was not on the putative father registry- a state-level legal option for unmarried men to determine parental rights.
In the US, if a man is listed on the putative father registry, they are to be notified when their parental rights in adoption proceedings are filed.
The same month that his daughter was born, Marteliz went on to fill out the registry and filed a petition to determine paternity for his daughter.
Legal documents also said Marteliz had ‘not paid a fair and reasonable amount of living and medical expenses’ during the pregnancy and after the birth.
The adoption agency’s attorney told ABC Action News: ‘Mr. Marteliz was afforded every right he was entitled to under the law, and that the court simply reached a decision that Mr. Marteliz disagrees with.’
As Marteliz continues to fight for his baby girl, he set up a room in his house for her, fit with a crib, clothes and toys.
‘I am willing to do whatever it takes to be given custody of my daughter and be in her life. I am willing to pay whatever form or support or cost it takes,’ the father said.
In May 2021, Marteliz told the court that he was not made aware of the mother’s adoption plan, and he denied he didn’t provide financial support during the pregnancy.
A picture of Marteliz and the baby’s mother was also taken just days before the birth of their daughter. He said he didn’t maintain contact with his child because the ‘adoption people’ and mother prevented that.
‘She should be here in this house. I’m the one who can love her. Nobody can do that like I can,’ Marteliz told ABC Action News.
Marteliz and the baby’ mother pictured just a few days before the birth of their daughter
Marteliz said that he will continue to fight for the custody of his daughter even though she’s been adopted by other parents and time to appeal the case has closed
Marteliz’s lawyer, David Hurvitz said the battle is rooted in a law that tends to favor adoption agencies.
‘It’s very difficult to navigate it and it’s hard to fight against it, it needs reform,’ Hurvitz said.
Marteliz has decided to not give up on his chance to be with is daughter and said he will continue to fight.
‘There’s a lot of fathers out there that are being robbed, that are good dads, that would — that are great dads. Something needs to be done about this.’
‘We need some help. So if anybody can hear us, we need some help,’ Marteliz said.