A February 2026 ruling by the Virginia Supreme Court has drawn national attention and underscores an important principle of Virginia adoption law: once an adoption order becomes final, it is extremely difficult to challenge.

The case involved a U.S. Marine and his wife who adopted a child injured during a military operation in Afghanistan. A Virginia court finalized the adoption in 2020. The child’s Afghan relatives later sought to challenge the adoption, asserting that the process was flawed and that they had been caring for the child with approval from Afghan authorities.

Lower courts found significant problems with how the adoption had been obtained and ruled that it should be voided. The Virginia Supreme Court reversed those rulings and reinstated the adoption.

The Legal Issue: Finality of Adoption Orders

The Supreme Court’s decision centered on Virginia’s adoption finality statute, Virginia Code § 63.2-1216, which strictly limits when an adoption order may be challenged. Under the statute, once an adoption has been final for a specified period, it can be attacked only under very narrow circumstances.

The Court concluded that the relatives lacked legal standing to challenge the adoption and that the statutory time limits barred their claims, even though serious defects in the adoption process were alleged.

This rule reflects the legislature’s intent to promote stability and permanence for children. Courts seek to avoid situations in which a child’s placement is disrupted after an adoption has been finalized.

A Divided Court

The decision was not unanimous. In dissent, three justices sharply criticized the adoption process and expressed concern about fairness and integrity in the proceedings.

The dissent highlights the tension courts sometimes face between ensuring finality and addressing alleged procedural wrongdoing.

Why This Decision Matters

The facts of this case are unusual and international in scope. However, the legal principle at the center of the ruling applies to all Virginia adoptions, not only international or military-related placements.

Virginia law strictly limits when an adoption order may be challenged. Once an adoption is finalized and the statutory challenge period has passed, courts are reluctant to disturb the adoption except in very narrow circumstances. This rule is designed to provide permanence and stability for children and adoptive families.

The decision reinforces several key principles:

  • Adoption orders carry strong legal finality once entered.
  • Challenges must be brought promptly and by parties with legal standing.
  • Procedural deadlines can determine whether a challenge will be heard.
  • Courts prioritize stability and permanence for children.

Although this case involved complex international facts, the Court’s emphasis on finality reflects a principle that governs adoption proceedings across Virginia.

What Virginia Families Should Know

Adoption proceedings involve strict procedural requirements and significant legal consequences. Once an adoption becomes final, undoing it is extremely difficult.

Families involved in adoption matters should ensure that all legal requirements are properly addressed from the outset and seek guidance when questions arise. Careful attention to procedure and timing can be critical.

While the circumstances of this case are extraordinary, the Court’s ruling serves as a reminder that adoption orders are intended to provide lasting stability for children and families.


Rob Hagy is a Virginia divorce and family law attorney serving Charlottesville, Virginia, and surrounding communities. You can see more content from Rob at www.charlottesvilledivorceattorney.com and at www.virginiafamilylawjournal.com.

Photo of Rob Hagy Rob Hagy

Robert (“Rob”) R. Hagy, II Esq. is the owner and proprietor of the Law Offices of Rob Hagy, P.C. established in August, 2004 and located in Charlottesville, Virginia.  Mr. Hagy practices all aspects of Family and Divorce Law in the juvenile and circuit…

Robert (“Rob”) R. Hagy, II Esq. is the owner and proprietor of the Law Offices of Rob Hagy, P.C. established in August, 2004 and located in Charlottesville, Virginia.  Mr. Hagy practices all aspects of Family and Divorce Law in the juvenile and circuit courts of the cities and counties constituting Central Virginia (Charlottesville, Albemarle, Greene, Nelson, Louisa, Fluvanna, Orange, and Buckingham).  He is also available to consult with other attorneys in other jurisdictions around the Commonwealth and to represent clients in other jurisdictions around the Commonwealth as well.

Mr. Hagy graduated from Richlands High School in 1989.  In 1993, Mr. Hagy graduated from the University with a B.A. in History and a minor in the Environmental Sciences. While at Virginia, Mr. Hagy was a member of and eventually president of Alpha Delta Phi Fraternity.  He completed his academic career as a member of the Phi Alpha Theta History Academic Honors Society and the Order of Omega.  He received his J.D. from George Mason University in 1996.  Mr. Hagy was a member of the George Mason Law Review where he served as a Notes Editor in 1996.

Mr. Hagy began practicing in Charlottesville, Virginia in 1998 and came to Fluvanna County in 2002 to practice.  He served as the Assistant Commonwealth’s Attorney for Fluvanna County for two years from 2002 until 2004.

He is a member of the American Bar Association’s Section of Family Law, the Family Law Section of the Virginia State Bar, the Domestic Relations Section of the Virginia Bar Association, the Charlottesville Albemarle Bar Association, and the Family Law Section of the Virginia Trial Lawyers Association.