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A Florida father is fighting for custody of his daughter, who was told by the baby’s mother had died at birth 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 discovered she was alive and well.
In October, a Florida judge determined that because Marteliz provided no financial or medical support to the baby and was not listed on the birth certificate, her consent was not required for the adoption to proceed.
“I felt good, well, I’m the father, I’m her dad, I can do a test, I can prove that I’m her dad, my daughter is alive,” Marteliz said. ABC Action News.
Now, her 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 later discovered she had been given up for adoption.
Her daughter’s mother told Marteliz that her daughter had died from sudden infant death syndrome. Amaya appears in the photo after her birth, alive and healthy.
When the baby’s mother had her daughter, Marteliz said she received a text message from her informing her that her daughter had died at birth due to sudden infant death syndrome.
He then lost contact with the mother for about three weeks, when she told him she had his son. Court documents revealed that one day after her baby’s birth, her mother gave her consent for the adoption.
Marteliz was listed as a “man who may have an interest in the child” in the filings, but he soon discovered that his daughter was in the care of Heart of Adoptions, a private agency in Florida.
Court documents revealed that because the couple was not married, no parental rights were required at the time of the adoption.
Marteliz was also not listed on the baby’s birth certificate and was not on the putative father registry, a state-level legal option for unmarried men to determine paternity rights.
In the US, if a man is on the registry of putative fathers, he must be notified when his paternity rights are presented in adoption proceedings.
The same month her daughter was born, Marteliz went on to fill out the registry and file a petition to determine her daughter’s paternity.
The legal documents also said Marteliz had “failed to pay a fair and reasonable amount of medical and support expenses” during the pregnancy and after childbirth.
The adoption agency’s lawyer told ABC Action News: ‘Mr. Marteliz was granted all of his rights under the law, and the court simply reached a decision that Mr. Marteliz disagrees with.’
While Marteliz continues to fight for her baby, she set up a room for him in her house, equipped with a crib, clothes and toys.
‘I am willing to do whatever it takes to have custody of my daughter and be in her life. “I am willing to pay any form, support or cost that is necessary,” the father said.
In May 2021, Marteliz told the court that he had no knowledge of the mother’s adoption plan and denied failing to provide financial support during the pregnancy.
A photograph of Marteliz and the baby’s mother was also taken a few days before her daughter’s birth. He said he did not maintain contact with her son because the ‘adoption people’ and the mother prevented him from doing so.
‘She should be here in this house. It is I who can love her. Nobody can do that like me,” Marteliz said. ABC Action News.
Marteliz and the baby’s mother in the photo a few days before the birth of her daughter
Marteliz said she will continue fighting for custody of her daughter even though she has been adopted by other parents and the time to appeal the case has closed.
Marteliz’s attorney, David Hurvitz, said the battle is rooted in a law that tends to favor adoption agencies.
“It’s very difficult to navigate and it’s difficult to fight against; it needs reform,” Hurvitz said.
Marteliz has decided not to miss the opportunity to be with her daughter and said she will continue fighting.
‘There are a lot of fathers out there who are being robbed, who are good fathers, who would be… who are great fathers. Something needs to be done about it.”
‘We need some help. So if anyone can hear us, we need help,” Marteliz said.