Judge tells Madonna adoption rules can't be bent to suit

Published on Friday 3 April 2009 21:31

MADONNA last night vowed to appeal against a judge's ruling forbidding her from adopting a second child from Malawi.

The judge had ruled the adoption would have set a dangerous precedent, by bending rules requiring that prospective parents live in the southern African country for at least some time.

Madonna's lawyer, Alan Chinula, said: "I have filed notice for appeal in the Supreme Court of Appeal."

Madonna was told she would not be allowed to take Chifundu James – whose name translates as Mercy – out of the southern African country. The judge expressed fears it could set a precedent for child trafficking if the pop star was allowed to adopt the little girl.

Judge Esme Chondo said that allowing the 50-year-old to adopt the girl could encourage illegal trafficking of other children in Malawi, where there are an estimated one million orphans.

Following a closed hearing the court released a judgment that said: "Put simply courts do make law by the process of precedence and Miss Madonna may not be the only international person interested in adopting the so-called poor children of Malawi."

"By removing the safeguard that is supposed to protect our children, the courts by their pronouncements could actually facilitate trafficking of children by some unscrupulous individuals," it read. "Anyone could come and quickly arrange an adoption that might have grave consequences on the children that the law seeks to protect.

"Having considered this I must decline to grant the application for the adoption of the infant CJ."

Court registrar Ken Manda told reporters the application to adopt the girl had been rejected because the singer was not a resident of Malawi.

There had been complaints by civil rights lawyers in Malawi that Madonna was trying to 'fast-track' the adoption process and was contravening a rule that a person wishing to adopt a child in the country must have been resident there for between 18 and 24 months.

In response to yesterday's judgment Madonna accused the authorities in Malawi of exposing the orphan to unnecessary suffering.

A statement released by the singer said: "To deny Chifundo James the opportunity to be adopted by me could expose her to hardship and emotional trauma which is otherwise avoidable."

However, Anna Feuchtwang, chief executive of children's charity EveryChild, welcomed the judgment.

She said: "High-profile adoptions send out the wrong message. More emphasis needs to be placed on the valuable work being done to support vulnerable families to stay together.

"This may be less glamorous than international adoption by pop stars but it is the only viable solution to provide safe and secure homes for all of Africa's children."

A spokesman for development agency Plan said: "Whisking a single child off to a fairy-tale lifestyle in Hollywood is not something we condone. We endorse keeping children within their community wherever possible, where there is often extended family nearby."

He added: "We believe a better way for (Madonna] to help would be to act as a champion of change and use her celebrity status to influence government and businesses to ensure a better life for the country's children. That way all Malawi's children would benefit."