showbiz

Malawi court rejects Madonna adoption request

Posted on Friday, April 3, 2009
by Associated Press and Cineplex Entertainment Staff

Madonna

Madonna, her adopted son David and his biological father Yohane Banda. (AP)

Despite enjoying a rather speedy process with her first adoption, Madonna's application to adopt a second child from Malawi has been rejected, reports AP.

A requirement that prospective parents reside in the country for 18 to 24 months proved to be the sticking point, according to a judge and lawyer speaking on condition of anonymity.

The judge who spoke saw but did not make the ruling and the lawyer was present when the ruling was made.

Madonna's lawyer, Alan Chinula, confirmed that he shared the decision with the pop star, who was not present during Friday's ruling.

The outspoken pop singer was in the process of trying to adopt 3-year-old Chifundo "Mercy" James whose 14-year-old mother died not long after giving birth, in a bid to offer Mercy stability and more opportunities, while sparing her the "hardship and emotional trauma of life as an orphan."

Despite support from the country's child welfare minister, and Mercy's own uncle, the residency requirements proved to be a barrier to Madonna's adoption plans. When she first visited the impoverished nation in 2006, AP explains, "the residency rule was waived [and] Madonna was allowed to take her adopted son, David, to London before his adoption was finalized in 2008."

Of course, a different judge handled that case and Madonna was still married to Guy Ritchie. The Material Girl's second adoption attempt has been a rather divisive topic with some feeling that Mercy would be better to stay with family while others think the opportunities inherent in being a child of Madonna's would never otherwise be available to the little girl.

On the trip to the southern African nation, the singer was accompanied by her 12-year-old daughter Lourdes, her 8-year-old son Rocco and her adopted son David, who saw his biological father for the first time since he left Malawi three years ago.

The decision, however, may not be written in stone. Madonna can appeal to Malawi's Supreme Court.

UPDATE: Madonna's lawyer has revealed the singer will appeal the rejection of her adoption bid. The judge had said that granting the adoption would have set a dangerous precedent by bending rules requiring that prospective parents live for at least some time in the southern African country.

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Are you surprised by the court's ruling? Do you think it would be better for Mercy to stay with her family or join Madonna's family? Comment below!

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