On February 12, 2026, the Virginia Supreme Court ruled that Joshua Mast, a U.S. Marine, and his wife Stephanie, can retain custody of the Afghan orphan they adopted amid a contentious legal struggle. The court's ruling overturns decisions by two lower courts that deemed the adoption invalid, siding instead with the Masts and upholding their legal claim to the child.

The case centers around the girl, who lost her parents and siblings during a U.S. military raid in Afghanistan in September 2019. Following the tragedy, the child was brought to an American military hospital, where the Masts subsequently initiated the adoption process in 2020. The Afghan government had identified her closest relatives, but the Masts argued that the child was effectively stateless, which facilitated their adoption claim.

The Supreme Court's opinion highlighted Virginia law, which mandates that adoptions become permanent six months after a court order, preventing relatives from disputing them. The ruling pointed out that the Afghan couple did not have a legitimate parental claim as they lacked a formal court order recognizing them as the girl's parents, nor did they prove any biological ties.

While four justices supported the decision, three dissenting justices criticized the judgment, arguing that it was "wrong" and indicative of systemic privilege. This dissent underscored concerns about the implications of adoption cases intertwined with international politics and personal tragedy.

The federal government's initially strong stance advocating for the reunification of the child with her Afghan relatives changed over time. The Justice Department eventually withdrew its position, noting that it misjudged the potential consequences of the case for U.S. foreign policy.

The court's decision likely ends a years-long battle for custody, allowing the Masts to keep the child and raise her in the U.S. Legal representatives for the Afghan family have indicated that they are still evaluating their options regarding future legal challenges.