A Virginia appellate court ruled on Tuesday that a U.S. Marine's adoption of an Afghan war orphan was illegitimate, overturning the custody order that had allowed him to care for the girl for nearly three years. The decision marks a significant development in a contentious custody battle with implications beyond the fate of the child.
The appeals court's decision dealt a blow to Marine Maj. Joshua Mast's efforts to retain custody of the child, who was orphaned during combat in Afghanistan in 2019.
Mast and his wife, Stephanie, successfully obtained an adoption order in Fluvanna County, Virginia, despite the child remaining in Afghanistan, where authorities were working to reunite her with extended family. When the family fled Afghanistan amid Taliban control in 2021, Mast used the Virginia court documents to persuade U.S. officials to transfer custody of the child from her Afghan relatives to him.
Now approaching her fifth birthday, the Masts maintain they are the legal parents and acted commendably to rescue the child from a perilous situation. Meanwhile, the Afghan family, contesting Mast's adoption, has not seen her for nearly three years.
The child's future remains uncertain: Tuesday's appellate court ruling does not specify who should ultimately care for her, leaving her with the Mast family for now. Government agencies involved have not disclosed their next steps in determining her permanent residence as the legal battle continues.