U.S. Marine's adoption of Afghan child is overturned by appeals court, leaving the child in limbo.

A Virginia appellate court has overturned the adoption of an Afghan war orphan, known as "Baby Doe," by U.S. Marine Maj. Joshua Mast and his wife Stephanie Mast. The court ruled that Mast should not have been granted the adoption of Baby Doe, who has been living with the Masts for three years. The future remains uncertain for the young Afghan child whose family was killed in a U.S. night raid in Afghanistan five years ago.

Baby Doe, who is turning five this month, was orphaned after a U.S. raid in Afghanistan in 2019 that killed her family. At just 40 days old, Baby Doe was discovered in the rubble with severe injuries. The Afghan government and International Committee of the Red Cross determined that Baby Doe had living relatives and reunited her with them as per international law. Following an investigation, the Afghan government concluded that Baby Doe's parents were innocent farmers who were in the wrong place at the wrong time and not foreign fighters living in an al-Qaida compound targeted in the night raid. However, U.S. Marine attorney, Maj. Joshua Mast, became determined to adopt Baby Doe and bring her into his family as an act of Christian faith.

Despite Baby Doe being cared for by her cousin and his wife, Mast convinced a judge in rural Fluvanna County, Virginia to grant him an adoption of Baby Doe from 7,000 miles away. During the 2021 Afghan withdrawal chaos, Mast lured Baby Doe's cousin and his wife to the U.S., promising medical care and an education for Baby Doe.

The Afghan couple, who had escaped Taliban rule with their two-year-old daughter Baby Doe, met the Masts at Fort Pickett, Virginia. However, their joy turned to horror when Baby Doe was taken away by Mast. The couple had been told by Mast and his wife that they wanted to help the young Afghan family adjust to life in America and get an education for Baby Doe.

Baby Doe's cousin and spouse have settled in Texas and continue to fight for Baby Doe's return to their custody. An investigation by NCIS and the Navy IG has been launched, and gag orders have been issued on the two parties. The Defense Department has stated that it cannot provide any information regarding the ongoing case.

Baby Doe's legal parents, the Masts, have maintained that they acted admirably and are the rightful guardians of the child. Despite not having seen Baby Doe in nearly three years, the cousin and wife have not relinquished their claim to the child.

The appellate court decision on Tuesday did not provide clarity on who will raise the nearly 5-year-old Afghan girl. For the time being, she will continue to reside with the Mast family.

In Tuesday's order, Appellate Judge Daniel Ortiz ruled that Mast's adoption did not meet the criteria set forth by state law. Ortiz stated that the procedural errors that led to the adoption were so far outside the scope of the adoption code that the circuit court did not have the authority to approve the adoption. From the initial adoption filing, it was discovered that Mast had not disclosed to the court that the Afghan government had never relinquished its claim to Baby Doe and that she had been given to Afghan relatives.

The court's decision on Tuesday was met with encouragement from several legal organizations working with the Afghan couple.

The Associated Press reported that Becky Wolozin, a senior attorney at the National Center for Youth Law, stated that the Court's decision to "explicitly declare that the Masts have no legal rights over Baby Doe" effectively invalidated their actions, which have caused significant harm to the child.

The Associated Press contributed to this report.