The Supreme Court of Virginia has upheld the adoption of an Afghan war orphan by a Virginia military family, ruling that the state's six-month finality statute prevents challenges to completed adoptions regardless of claims under foreign law.
In *Mast v. A.A.*, the court reversed the Court of Appeals of Virginia and dismissed a petition seeking to vacate the 2020 adoption of a child discovered by U.S. military forces on a battlefield in Afghanistan in 2019. Justice D. Arthur Kelsey wrote the opinion for the court in the Feb. 12, 2026 decision.
Joshua and Stephanie Mast adopted the severely wounded orphan through a Virginia circuit court order in 2020. The child had been found by U.S. military personnel during operations in Afghanistan and brought to the United States for medical treatment and care.
Two years after the adoption was finalized, individuals identified as A.A. and F.A. filed a petition to vacate the adoption order. The petitioners claimed that Afghan law vested custody of the child with them, challenging the validity of the Virginia court's jurisdiction and decision.
The Masts defended their adoption by citing Virginia Code Section 63.2-1216, which establishes a strict six-month time limit for challenging adoption orders. The statute states that "after the expiration of six months from the date of entry of any final order of adoption, the validity thereof shall not be subject to attack in any proceedings, collateral or direct, for any reason."
Both the circuit court and the Court of Appeals of Virginia initially found that the finality statute did not apply to this case, using different rationales to reach their conclusions. The Court of Appeals ruled in *A.A. v. J.M.* (81 Va. App. 213, 2024) that the statute did not bar the challenge to the adoption.
However, the Supreme Court of Virginia disagreed with both lower courts' interpretations. The court held that Code Section 63.2-1216 directly applied to the case and barred any challenge to the adoption order after the six-month period had expired.
The case presents a complex intersection of Virginia family law, international custody disputes, and military humanitarian efforts. The child at the center of the case was discovered as a severely wounded orphan during active military operations, highlighting the humanitarian aspects of U.S. military involvement in Afghanistan.
The adoption process occurred through Virginia's established legal framework for international adoptions, with the circuit court following standard procedures for evaluating the best interests of the child and ensuring proper legal safeguards.
The challenge to the adoption raised questions about the application of foreign law in Virginia courts and whether Afghan custody laws should take precedence over a completed Virginia adoption. The petitioners' claims suggested that under Afghan legal traditions or customs, they held superior custody rights to the child.
The Supreme Court of Virginia's decision emphasizes the importance of finality in adoption proceedings. The six-month statute serves multiple policy purposes, including providing security and stability for adoptive families and adopted children, preventing prolonged uncertainty about parental rights, and ensuring that adoption orders carry the weight of finality necessary for families to move forward.
By strictly applying the finality statute, the court declined to engage with the substantive questions about conflicts between Virginia adoption law and Afghan custody traditions. Instead, the ruling focuses on procedural finality and the importance of time limits in family law proceedings.
The decision also reflects broader legal principles about the finality of court judgments and the limited circumstances under which final orders can be challenged. Virginia's adoption finality statute provides particularly strong protections compared to other areas of law, recognizing the special need for certainty in parent-child relationships.
The case involved multiple appeals and interlocutory orders, with consolidated record numbers spanning from 2022 to 2023. The Masts initially filed an interlocutory appeal in December 2022 from an order denying pleas in bar, which the Court of Appeals dismissed in February 2023.
The Supreme Court of Virginia's ruling provides clarity for future international adoption cases, particularly those involving children from conflict zones or humanitarian situations. The decision reinforces that Virginia's adoption finality statute applies broadly and cannot be circumvented by claims based on foreign law or custody traditions.
For the Mast family, the ruling provides legal certainty after years of litigation challenging their parental rights. The child, now several years older, has been living with the family throughout the legal proceedings while the courts determined the validity of the adoption.
The case also highlights the ongoing legal complexities that can arise from humanitarian adoptions involving children rescued from conflict situations. Military personnel and civilian families who provide care for displaced children may face subsequent legal challenges from individuals claiming custody rights under foreign legal systems.
The Supreme Court of Virginia's decision stands as final judgment in the matter, dismissing the petition to vacate the 2020 adoption order and affirming the Masts' parental rights under Virginia law.