A US court has ruled in favor of a Marine and his wife who adopted a baby from Afghanistan, despite facing a legal challenge from individuals claiming to be the child’s relatives. Joshua and Stephanie Mast were granted the adoption of a severely injured orphan found by the US military on an Afghan battlefield in 2019.
Subsequently, individuals asserting a familial connection to the child sought to challenge the adoption, citing Afghan law that they believed entitled them to custody of the baby. However, the Virginia Supreme Court majority decision upheld the adoption, dismissing claims that it was invalid.
According to Virginia law, custody rights become finalized six months after an adoption order, making the adoption legally secure from challenges. The court highlighted that the child’s biological parents perished in a US special forces mission targeting Al Qaeda operatives.
After receiving medical treatment in military facilities in Afghanistan, the Marine, Mast, filed for custody of the child, believing she needed further medical attention in the US. The Masts had initially stated that the adoption was urgent and that the child had no known living relatives.
The Afghan individuals, including one who claimed to be the child’s uncle, contested the adoption, alleging that the American couple wrongfully took the baby from them. However, the court ruled that they failed to provide sufficient evidence, including DNA proof, to establish legal custody under Afghan law.
Despite reports indicating that the adoption conflicted with the State Department’s stance on reuniting children with their relatives under international law, the court upheld the adoption. The background to the US military involvement in Afghanistan, initiated by President George W. Bush in response to the 9/11 attacks orchestrated by Al Qaeda, was also mentioned.
The Taliban regained control in Afghanistan in 2021 after years of conflict with the US-backed government in Kabul, marking a significant shift in the country’s political landscape.
