Virginia Supreme Court rules Marine's adoption of an Afghan child stands

The Virginia Supreme Court ruled that a U.S. Marine and his wife will remain the child's legal parents, saying a state law that finalises adoptions after six months bars challenges; three justices dissented, calling the process flawed.

The Virginia Supreme Court on Thursday held that a U.S. Marine and his wife will keep an Afghan child they brought to the United States after a judge in Fluvanna County granted an adoption in 2020. The state high court said Virginia law that finalises adoption orders after six months prevents the child’s Afghan relatives from challenging the adoption. The case drew attention because U.S. officials and the child’s Afghan relatives had sought her return, and because lower courts had reached differing conclusions. Three justices on the court issued a forceful dissent. Key facts: - The court reversed lower-court rulings that had found the adoption void and relied on the six-month finality rule to bar challenges. - Judge Richard Moore granted the adoption in December 2020 and later wrote extensive findings that supported the adoption record. - Three justices dissented, saying a Virginia court never had the authority to sever the relatives’ claims and sharply criticizing the process. - The federal government previously filed arguments urging reunification with the Afghan family but a Justice Department filing withdrawing participation was noted by the court. Summary: The ruling leaves the Marine and his wife as the child’s legal parents under Virginia law and is likely to end the yearslong court dispute. The decision rests on a statute intended to create permanency by limiting challenges after six months. Undetermined at this time.