Supreme Court Won't Review Afghan War Orphan Custody Dispute
The Supreme Court refused to hear the appeal on custody of an Afghan war orphan.
Why it matters: This case highlights the complex intersection of international adoption, family law, and immigration, affecting attorneys working on cross-border custody and adoption disputes.
- Supreme Court declined to hear the appeal on October 19, 2026, effectively ending the custody dispute.
- Child's parents were killed in a 2019 U.S. Army raid; child initially cared for by Afghan relatives.
- Virginia court granted final adoption to U.S. Marine Major Joshua Mast and his wife without Afghan relatives' notification.
- Virginia Supreme Court ruled for Masts based on a six-month state deadline despite lower court rulings favoring Afghan relatives.
On October 19, 2026, the U.S. Supreme Court declined to hear a contentious custody case involving an Afghan child orphaned in September 2019 during a U.S. Army raid in Afghanistan. The child's parents were killed in the raid, and the infant was hospitalized at Bagram Air Base near Kabul.
U.S. Marine Corps Judge Advocate Major Joshua Mast and his wife decided to adopt the child while she was in military care. Meanwhile, the State Department under the Trump administration collaborated with the Afghan government to locate surviving relatives, who were a cousin and his wife. This Afghan couple cared for the child for 18 months.
During that period, the Masts obtained a final adoption order from a Virginia court without informing the Afghan relatives. In 2021, Mast helped the Afghan family evacuate to the U.S. after the military withdrawal. Upon arrival, Mast took custody of the child at a refugee resettlement center despite objections from the relatives.
Lower courts in Virginia sided with the Afghan family, finding flaws in the adoption process. However, the Virginia Supreme Court ruled in favor of the Masts, citing a six-month deadline under state law related to custody challenges.
The Supreme Court's refusal to hear the appeal upholds the Virginia Supreme Court's decision, allowing Major Mast and his wife to maintain custody of the now 7-year-old child. This case spotlights the challenges faced by lawyers handling adoption and custody matters that cross international and cultural boundaries, especially involving refugees and war orphans.
By the numbers:
- 18 months — Duration Afghan relatives cared for the child
- October 19, 2026 — Date Supreme Court declined to hear the appeal
- 7 years old — Current age of the child