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Virginia Supreme Court Upholds Marine's Afghan Orphan Adoption

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The Virginia Supreme Court has ruled that Marine Maj. Joshua Mast and his wife can keep an Afghan orphan they brought to the United States despite government objections. The decision ends a bitter legal battle that began when Mast adopted the child in 2020 while she was still living with Afghan relatives.

Four justices sided with the Masts, ruling that Virginia law prevents challenges to adoption orders after six months regardless of how they were obtained. The court rejected arguments that the Afghan couple were the girl's de facto parents, citing a lower court finding that they had no biological relationship and no Afghan court order granting them custody. Three justices dissented, calling the adoption a scenario "suffused with arrogance and privilege."

The case stems from a 2019 military raid in Afghanistan where the girl was injured and her family killed. While the U.S. government worked to reunite her with Afghan relatives under international law, Mast pursued adoption through Virginia courts. The dispute intensified when Mast evacuated the Afghan family to the U.S. during the Taliban takeover and took the child from them at a refugee center.