Florida father fights for custody of his daughter after baby momma said his child died during birth and then put the newborn up for adoption without telling him

A Florida father is fighting for 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 embroiled in a grueling custody battle over his daughter Amiya since he discovered she was alive and well.

In October, a Florida judge ruled that because Marteliz provided no 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 okay, well, I'm the father, I'm her father, I can take a test, I can prove I'm her father, my daughter is alive,” Marteliz said. ABC Action News.

Now his daughter has been adopted by other parents and the window for an appeal has closed. Amaya will be 2 years old in January.

His daughter's mother told Marteliz that their child had died of cot death. Amaya is depicted after her birth, alive and healthy

When the baby's mother had their daughter, Marteliz said he received a text message from her saying their child had died at birth of SIDS.

He then lost contact with the mother for about three weeks, when she told him she had their child. Court documents revealed that the mother consented to adoption a day after the birth of their baby.

Marteliz was listed in the complaint as a “male who may have interest in the minor child,” but soon discovered that his daughter was in the care of the Heart of Adoptions, a private agency in Florida.

Court documents revealed that because the couple was 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 listed 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, he or she must be notified when his parental rights are filed in an adoption proceeding.

The same month his daughter was born, Marteliz filled out the registry and filed a petition to establish his daughter's paternity.

Legal documents also said Marteliz “failed to pay 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 all the rights he was entitled to under the law, and that the court simply reached a decision that Mr. Marteliz did not agree with.”

As Marteliz continues to fight for his daughter, he sets up a room for her in his home, equipped with a crib, clothes and toys.

“I am willing to do whatever it takes to get custody of my daughter and be in her life. “I am willing to pay any form, support or expense that is necessary,” the father said.

In May 2021, Marteliz told the court that he had not been informed of the mother's adoption plan, and he denied providing any financial support during the pregnancy.

Just days before their daughter's birth, a photo was also taken of Marteliz and the baby's mother. He said he did not maintain contact with his child because the 'adoption people' and the mother prevented him from doing so.

“She should be here in this house. I'm the one who can love her. No one can do that better than me,” Marteliz said ABC Action News.

Marteliz and the baby's mother pictured just a few days before the birth of their daughter

Marteliz said he will continue to fight for custody of his daughter even though she was adopted by other parents and the window for an appeal has closed.

Marteliz's attorney, David Hurvitz, said the fight is rooted in a law that favors adoption agencies.

“It's very difficult to navigate and it's difficult to fight against it, it needs reform,” Hurvitz said.

Marteliz has decided not to give up his chance to be with his daughter and said he will continue to fight.

“There are a lot of fathers who are bereaved, who are good fathers, who – they are great fathers. Something has to be done about this.'

'We need help. So if anyone can hear us, we need help,” Marteliz said.