Virginia Court Upholds Adoption by Marine Family
RICHMOND, Va. – In a ruling that has stirred debate, the Virginia Supreme Court decided Thursday that a U.S. Marine and his wife can keep the Afghan orphan they adopted, concluding a complex legal battle.
Joshua and Stephanie Mast were granted adoption of the girl in 2020 by a Fluvanna County judge. At the time, the child was living with relatives in Afghanistan, as decided by the Afghan government.
The Virginia Supreme Court’s decision hinged on a state law that finalizes adoptions after six months, preventing challenges. The justices stated this law protects the stability of a child’s home life.
However, three justices strongly disagreed, calling the court’s decision deeply flawed.
The case began in 2019 when the child was injured during a U.S. military operation in Afghanistan that resulted in the death of her parents and siblings. The State Department under the Trump administration initially planned to reunite her with relatives in Afghanistan.
The Afghan government identified a man claiming to be her uncle, who then entrusted her care to his son and daughter-in-law. For 18 months, they raised her in Afghanistan.
Later, the Masts convinced a Virginia court to grant them custody and then finalize the adoption, claiming the girl was a “stateless” child. After the U.S. withdrawal from Afghanistan and the Taliban takeover, the family agreed to evacuate, and Mast brought them to a refugee resettlement center in Virginia. He then took the child, leading to legal challenges from the Afghan family.
The Afghan family argued the Virginia court lacked authority over a foreign child.
The Virginia Supreme Court emphasized the importance of permanency in adoption cases. The court noted that the Afghan family had refused DNA testing to prove any familial relationship.
The dissenting justices criticized the Masts, alleging they misled the courts during the adoption process. They argued the adoption was fundamentally flawed.
