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‘Our tears never stop’: Afghan couple sues US Marine for ‘abducting’ orphan baby girl from their family

Jane and John Doe, accused Joshua Mast and his wife of conspiracy, fraud, and false imprisonment in connection with the child's unlawful abduction
PUBLISHED OCT 21, 2022
Marine Corps lawyer Joshua Mast filed a motion to have the lawsuit dismissed and has reportedly denied the accusations and insisted their adoption of the baby was legal (Foundation for Defense of Democracies)
Marine Corps lawyer Joshua Mast filed a motion to have the lawsuit dismissed and has reportedly denied the accusations and insisted their adoption of the baby was legal (Foundation for Defense of Democracies)

CHARLOTTESVILLE, VIRGINIA: An Afghan couple is suing Marine Corps lawyer Joshua Mast and his wife, Stephanie Mast, for abducting their family's baby shortly after they arrived in the US, according to a lawsuit filed last month in federal court. The couple, identified as Jane and John Doe, reportedly accused Joshua and Stephanie of conspiracy, fraud, and false imprisonment related to what they describe as the unlawful abduction of the child, identified as Baby Doe in the lawsuit.

According to the lawsuit, the child's family, including her parents and five siblings, were killed in September 2019 during a US special military operation in rural Afghanistan. Baby Doe, two months old at the time, was seriously injured but survived, and was transported to a military hospital. Joshua, then a Marine Corps captain who was stationed in Afghanistan, "fraudulently obtained a custody order" for the child in a Virginia court, the lawsuit said. However, the US government did not take action to release Baby Doe to Joshua and his wife. A State Department official told The Associated Press they felt strongly that the baby belonged to Afghanistan. “I was aware that it may not be smooth sailing ahead, but that just made me more determined to do the right thing,” the State Department official said.

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About six weeks after the baby was rescued, the US Embassy called for a meeting, attended by representatives of the Red Cross, the Afghan government, and the American military, including Joshua and Stephanie, AP reports. While the couple allegedly pursued efforts to adopt the baby, who was still in Afghanistan, Baby Doe's family was eventually found. The baby was released to her first cousin, John, and his wife Jane, who assumed legal guardianship of her. Following this, in 2021, Joshua and Stephanie's lawyer told the first cousin that the couple wanted to ensure the baby got the medical attention she needed but did not mention adopting the baby. John and Jane, who are now living as refugees in Texas, were left surprised when the couple showed an Afghan passport for the child with the last name printed as Mast. They reportedly haven't seen the baby since then.

“After they took her, our tears never stop,” Jane told The Associated Press. She further added, “Right now, we are just dead bodies. Our hearts are broken. We have no plans for a future without her. Food has no taste and sleep gives us no rest.”

Joshua, who last week filed a motion to have the lawsuit dismissed, has reportedly denied the accusations and insisted their adoption of the baby was legal. Their lawyer said, “Joshua and Stephanie Mast have done nothing but ensure she receives the medical care she requires, at great personal expense and sacrifice, and provide her a loving home." As per The Associated Press, in emails to a US military office requesting evacuation, Joshua alleged that he read more than 150 pages of classified documents, and concluded the child was a “stateless minor.” He allegedly mentioned that if reunited with her family, the baby could be made a child soldier or a suicide bomber or sold into sex trafficking.

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