The Virginia Supreme Court Decision on Afghan Orphan Adoption: A Complex Case Unfolds
The fate of an Afghan orphan has been decided by the Virginia Supreme Court, allowing a U.S. Marine and his wife to keep the child they brought to the United States, despite a federal ruling to reunite her with her Afghan family. This decision marks the conclusion of a protracted legal dispute over the child’s custody.
In 2020, a judge in Fluvanna County, Virginia, approved the adoption of the child by Joshua and Stephanie Mast, even though she was living with an Afghan family deemed her relatives by the Afghan government. The Virginia Supreme Court’s ruling overturned earlier judgments from lower courts that had declared the adoption invalid from its inception.
The justices stated that a Virginia statute solidifying adoption orders after six months precluded challenges by the Afghan relatives, regardless of any deficiencies or fraudulent actions in obtaining the adoption. However, three justices voiced strong dissent, criticizing the court’s proceedings as fundamentally flawed.
Legal representatives for both the Masts and the Afghan family refrained from commenting on the case, citing a court order and ongoing deliberations, respectively. The child, who was injured during a 2019 U.S. military operation in Afghanistan, was initially taken to a hospital at an American base after her family was killed during a raid.
The raid targeted terrorists, with some arguing that the child might not have been Afghan, suggesting her relocation to the U.S. Nonetheless, the State Department, during Donald Trump’s presidency, emphasized adherence to international law by reuniting her with her closest Afghan relatives. An Afghan man, claiming to be her uncle, was vetted to take custody, and she lived with his family for 18 months.
Simultaneously, the Masts pursued legal action in Virginia, asserting that the child was the “stateless” offspring of foreign fighters. They secured a final adoption decree in December 2020, without the Afghan family’s knowledge. Efforts to bring the child to the U.S. for medical reasons were rebuffed by her Afghan guardians, who insisted on accompanying her.
Following the U.S. withdrawal from Afghanistan, the Afghan family agreed to evacuate, facilitated by Mast’s military connections. However, upon reaching a resettlement center in Virginia, the child was taken from them, and they have not seen her since.
The Afghan family challenged the adoption, arguing that it lacked jurisdiction over a foreign child, and accused Mast of misleading the court. The Virginia Supreme Court emphasized the importance of permanency in adoption, stating that challenges post six months are only permissible if they infringe upon constitutional rights.
The Supreme Court’s majority found no legal basis for the Afghan family’s claim as “de facto” parents, referencing Judge Richard Moore’s determination that they neither had an Afghan court order nor biological proof of relation to the child. The Afghan family rejected DNA testing, citing its unreliability in confirming familial ties.
The Supreme Court’s ruling heavily relied on a comprehensive document by Judge Moore, who favored the Masts’ intentions over the Afghan family’s claims. The federal government’s earlier position underscored potential international repercussions if the child remained with Mast, but this stance shifted during Trump’s second term.
While the dissenting justices criticized the adoption process as deeply flawed and influenced by privilege, the Virginia Supreme Court upheld the decision, concluding the intricate legal battle over the child’s future.
