
A U.S. Marine’s adoption of an Afghan war orphan entangles him in a complex legal web.
At a Glance
- Maj. Joshua Mast faces legal challenges over the adoption of an Afghan orphan, despite remaining on active duty.
- The Virginia Court of Appeals voided the adoption, finding procedural errors.
- The U.S. government backs the child’s return to her Afghan family, aligning with international law.
- The Justice Department cautions against possible harm to U.S. foreign policy interests from the adoption case.
Legal Battle and Military Service
Maj. Joshua Mast stands in the crosshairs of a contentious legal battle involving the adoption of an Afghan war orphan. Despite the ongoing court proceedings, Mast continues his active duty as a United States Marine. This case underscores how military personnel can become embroiled in complex international adoption disputes while simultaneously meeting their professional obligations.
The legal confrontation arises from Mast’s alleged misconduct, including misuse of government resources during the adoption process. A marine panel deemed his actions inappropriate but insufficient to justify military discharge. This case involves scrutiny around orders received, classified information management, and the ethical dimensions of his choices.
In a highly unusual ruling, a state court judge voided a U.S. Marine’s adoption of an Afghan war orphan, more than a year after he took the little girl away from the Afghan couple raising her. But her future remains uncertain. https://t.co/bRmiZCgH8P
— The Associated Press (@AP) March 31, 2023
Judicial Rulings and International Implications
The Virginia Court of Appeals recently nullified the adoption, flagging errors in legal procedures. Despite this ruling, the child has not yet been returned. Mast and his wife facilitated the child’s relocation to Virginia, though her Afghan relatives sought her return. This appeals court decision now leaves the case at the Virginia Supreme Court, with all adoption proceedings halted pending further directives.
Afghan authorities maintained claims over the child, and the U.S. government insists that Mast should not maintain custody. This heightened the stakes as governmental implications reach high levels, with the Department of Justice highlighting potential ramifications for bilateral refugee resettlement efforts.
Former Foundation for Defense of Democracies fellow Joshua Mast appears to be the “US Marine.” Ht @nycsouthpaw https://t.co/RQLC7BtElA pic.twitter.com/3IDbpKEqsY
— Eli Clifton (@EliClifton) April 1, 2023
U.S. Government’s Perspective
Federal entities, including the State Department, have articulated concerns about this adoption’s international repercussions. The U.S. warns that continuing the custody arrangement with Mast may breach international adoption norms and damage America’s standing in global refugee management. Apprehensions revolve around the case’s potential to undermine diplomatic relations.
The adoptive attempts by Mast have also brought forward allegations of deceit. Assertions include leveraging political connections for the adoption while circumventing notification procedures during the custody petition when the child was in U.S. care.
An Afghan family says a U.S. Marine abducted their baby. But two months after an @AP report on the legal fight over the child, the baby remains with Maj. Joshua Mast and his family. The Masts say they legally adopted the child. https://t.co/CE8wAKITiV
— The Associated Press (@AP) December 31, 2022
Ethical and Political Controversies
The legal proceedings continue in secret, containing classified components, and the Naval Criminal Investigative Service pursues its investigation into the case. Mast, contesting abuse allegations, maintains that his intent aligned with Marine values to ensure the child’s protection.
The intricacies of this international adoption case illuminate the ethical boundaries and obligations faced by military personnel. As debates endure over the adoption’s legitimacy and ramifications, global eyes remain drawn to how this legal challenge could reshape military and humanitarian dynamics in war-affected regions.
Sources:
- https://english.alarabiya.net/News/world/2024/10/09/us-marine-s-controversial-adoption-of-afghan-orphan-sparks-legal-and-ethical-debates
- https://www.marinecorpstimes.com/news/your-marine-corps/2024/07/17/appeals-court-voids-marines-adoption-of-afghan-war-orphan/
- https://www.nytimes.com/2022/11/10/magazine/afghanistan-orphan-baby-l.html
- https://apnews.com/article/afghan-war-orphan-marine-baby-abduct-adoption-8a0411f16067d73ad0d86b706f5ae46d
- https://www.aljazeera.com/news/2023/3/31/us-marines-adoption-of-afghan-war-orphan-voided
- https://www.reddit.com/r/news/comments/16jc3vl/secret_records_government_says_marines_adoption/
- https://english.alarabiya.net/News/middle-east/2024/10/09/a-war-without-end-middle-east-conflict-drags-on-with-no-resolution-in-sight
- https://apnews.com/article/afghanistan-baby-marine-adoption-joshua-mast-295673fb358cf30abd243995cd846c99
- https://apnews.com/article/afghan-baby-adoption-military-marines-0600f1da2b7af43490784aa27cd3e597
- 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