In a significant ruling on Tuesday, a Virginia appellate court overturned the adoption of an Afghan war orphan by U.S. Marine Maj. Joshua Mast and his wife, Stephanie. The decision marks a pivotal moment in a complex international custody battle that has drawn attention from the highest levels of government.
The court nullified the custody order that had allowed the Masts to raise the child, now nearly five years old, for almost three years. This ruling deals a substantial blow to Joshua Mast’s prolonged legal efforts to retain custody of the girl, who was orphaned on an Afghan battlefield in 2019.
According to court documents, the child, referred to as Baby Doe to protect her identity, was found severely injured as an infant following a U.S. military raid in Afghanistan. Despite efforts by Afghan authorities and the International Committee of the Red Cross to reunite her with extended family members, Mast and his wife obtained an adoption order in rural Fluvanna County, Virginia.
The situation escalated when Afghanistan fell to the Taliban in 2021. As the girl’s Afghan family fled the country, Mast used the Virginia adoption documents to convince federal officials to transfer custody of the child from her Afghan relatives to himself.
The appellate court’s decision on Tuesday leaves the question of who should have custody of the child unanswered. For now, she remains with the Mast family, but the ruling opens the door for potential changes in her living situation.
Judge Daniel E. Ortiz, writing for the court, directed that all adoption proceedings be dismissed and ordered a hearing on the Afghan couple’s pending adoption petition. The court also stated that the Masts could submit their own petition in this process.
The U.S. government has consistently maintained in court filings that Mast had no legal claim to the child and advocated for her return to her Afghan relatives. However, official entities have not taken action beyond legal proceedings to facilitate the girl’s repatriation.
This case has raised significant questions about international adoption practices, the rights of war orphans, and the complexities of cross-cultural custody disputes. It has also highlighted the challenges faced by both the U.S. and Afghan legal systems in resolving such sensitive matters.
The Naval Criminal Investigative Service is conducting a comprehensive investigation into the matter. Major Joshua Mast remains on active duty during this process, as confirmed by Marine Forces Special Operations Command spokesperson Maj. Johnny Henderson.
As the legal battle continues, the fate of the young girl remains uncertain, with potential implications for future cases involving international adoptions and the treatment of children affected by conflict.
Citations:
[1] https://apnews.com/article/afghan-baby-adoption-marine-joshua-mast-2496683d5dbab37aa091e42edc24ad16
[2] https://www.courthousenews.com/virginia-appeals-court-voids-marines-adoption-of-afghan-child/
[3] https://www.businessinsider.com/us-soldier-may-have-inaccurately-reported-on-raid-in-afghanistan-2023-8
[4] https://www.marinecorpstimes.com/news/your-marine-corps/2023/09/15/marines-adoption-of-afghan-orphan-could-be-seen-as-abduction-us-says/
[5] https://www.foxnews.com/us/afghan-child-remains-limbo-appeals-court-voids-u-s-marines-adoption
[6] https://www.independent.co.uk/news/world/americas/marine-major-joshua-mast-afghan-orphan-b2412256.html
[7] https://www.pbs.org/newshour/nation/a-u-s-marine-used-political-connections-and-courts-to-adopt-an-afghan-baby-the-family-raising-her-didnt-know-until-she-was-taken
Last modified: June 20, 2025
