Virginia Supreme Court Upholds US Marine's Adoption of Afghan War Orphan

Ruling ends years-long legal battle over the child's fate

Published on Feb. 12, 2026

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The Virginia Supreme Court has ruled that a U.S. Marine and his wife can keep an Afghan orphan they adopted, despite a U.S. government decision to reunite her with her Afghan family. The court's decision reverses two lower court rulings that found the adoption was flawed and void from the start.

Why it matters

This case highlights the complex legal and ethical issues surrounding international adoptions, particularly in the context of war and displacement. It raises questions about the rights of biological family members versus adoptive parents, as well as the role of the U.S. government in such cases.

The details

In 2020, a Virginia judge granted Joshua and Stephanie Mast the adoption of a 7-year-old Afghan girl who was living with her relatives in Afghanistan after her parents were killed in a U.S. military raid. The Afghan government had determined the girl's closest living relatives and arranged for her to be cared for by them. However, the Masts convinced a rural Virginia court to grant them custody and then a series of adoption orders, claiming the girl was 'stateless.' When the Afghan relatives challenged the adoption, the Virginia Supreme Court ultimately ruled that the adoption order could not be overturned due to a state law that cements adoptions after six months.

  • In September 2019, the child was injured in a U.S. military raid in Afghanistan where her parents and siblings were killed.
  • In December 2020, a Virginia judge granted the Masts a final adoption order for the child.
  • In 2022, the Afghan relatives challenged the adoption, but the Virginia Supreme Court ruled in favor of the Masts in February 2026.

The players

Joshua and Stephanie Mast

A U.S. Marine and his wife who adopted an Afghan orphan in defiance of the U.S. government's decision to reunite her with her Afghan family.

Afghan Relatives

The child's Afghan family members who the Afghan government determined were her closest living relatives and arranged for her care, but were then denied custody when the Masts adopted her in a Virginia court.

Virginia Supreme Court

The state's highest court that ultimately ruled in favor of the Masts, upholding the adoption despite challenges from the Afghan relatives.

U.S. Government

Initially insisted the child be reunited with her Afghan relatives under international law, but later changed its position in the case.

Judge Richard Moore

The Virginia circuit court judge who initially granted the Masts' adoption of the child, and whose findings were heavily relied upon by the Virginia Supreme Court.

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What they’re saying

“We must recognize what an adoption really is: the severance and termination of the rights naturally flowing to an otherwise legitimate claimant to parental authority. Of course, the process must be impeccable. An evolved society could not sanction anything less than that. And here, it was less.”

— Justice Thomas P. Mann, Virginia Supreme Court Justice (Dissenting opinion)

“A dispassionate review of this case reveals a scenario suffused with arrogance and privilege. Worse, it appears to have worked.”

— Justice Thomas P. Mann, Virginia Supreme Court Justice (Dissenting opinion)

What’s next

The Afghan relatives may still pursue further legal challenges, but the Virginia Supreme Court's ruling has likely ended the years-long battle over the child's custody.

The takeaway

This case highlights the complex and often contentious nature of international adoptions, where the rights of biological family members can come into conflict with the actions of adoptive parents. It raises difficult questions about the role of the U.S. government and the legal system in resolving such disputes.