A Florida dad who claims he was told his daughter had died is now in a fierce custody battle to bring her home — after she was put up for adoption.
Brandon Marteliz said he has been locked in a years-long legal battle for his daughter, Amiya, after the girl’s mother cut ties with him and told him the child had died.
“I was told that my daughter passed away,” Marteliz told WFTS, claiming the mom said their child had passed away from sudden infant death syndrome shortly after her birth in January 2022.
Amiya will turn 2 years old in January.
The heartbroken father even posed for a picture together with the mom, with his hand placed on her pregnant belly, two days before their baby girl was due.
Marteliz said he texted the woman, who has not been identified, the day before the birth asking if she was going to the hospital — but he never got a response.
A day after giving birth, the woman then consented to the adoption of her child, according to ABC Action News, citing court documents.
Meanwhile, she had texted Marteliz to say their daughter had died at birth from sudden infant death syndrome.
Brandon Marteliz poses with his baby mama, days before their daughter was born, as he fights for custody of his daughter, now almost 2. ABC Action News
Baby Amiya was put up for adoption by her mother after her birth, without her father’s knowledge or consent. Brandon Marteliz / FacebookNearly three weeks after being told his child had died, the baby’s mother texted him saying “I have her” and “I got the baby.”
Marteliz told ABC Action News he pleaded with the mother to see his child, but his request went unanswered.
“I felt like, ‘OK, 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 the outlet.
Instead, he was contacted by a Child Protective Services agent, who informed him there was a newborn baby girl who was alive and was being cared for by an adoption agency.
Marteliz fought back tears when he was showing off the bedroom he created for his daughter. ABC Action NewsBecause the adoption was authorized by the mother, Marteliz couldn’t be granted custody of the child, the adoption agency said.
The agency also argued that the father hadn’t “paid a fair and reasonable amount of living and medical expenses” associated with the pregnancy and birth.
Meanwhile, the dad said he had bought her toys and clothes and had set up a bedroom for her.
“I had books for her, a few toys, tons of clothes. I’m getting ready to give them away because I know they’re not going to fit her anymore,” the heartbroken father said.
As Marteliz’s fight enters its third year, prospective adoptive parents have custody of his daughter through a private adoption agency based in Florida.
Marteliz denied knowing about the woman’s plan to put his daughter up for adoption back in May 2021.
Marteliz was ready to welcome his first child, who will be 2 in January, after buying her toys and clothes and setting up a bedroom just for her. ABC Action NewsThe mother and the adoption agency didn’t need to request to terminate Marteliz’s parental rights as the child’s parents were never married, he was not named on the birth certificate or listed on the putative father registry.
The registry is a little-known law in 22 states that “permits a man alleging to be the unmarried biological father of a child to preserve his right to notice and consent in the event of an adoption.”
“There’s a real problem, and good fathers are losing rights and losing time,” Marteliz said, adding that he has filed a petition to determine paternity and filled out the registry the month his daughter was born.
Marteliz’s attorney blasted the Florida law, saying it favored adoption agencies over parents.
Marteliz was not listed on the putative father registry, which “permits a man alleging to be the unmarried biological father of a child to preserve his right to notice and consent in the event of an adoption.” Brandon Marteliz / Facebook“It’s very difficult to navigate it and it’s hard to fight against it, it needs reform,” David Hurvitz said.
The adoption agency argued Marteliz was given every chance allowed by law and is only arguing because the court’s decision doesn’t favor him.






