Malawi court rejects Madonna's adoption bid

Published on Friday 3 April 2009 11:02

A JUDGE and a lawyer said today that Madonna's application to adopt a second child from Malawi has been rejected because of a requirement that prospective parents be resident in the country for 18 to 24 months.

The judge who spoke did not make the ruling in Lilongwe, Malawi, but saw it.

The lawyer was present when the ruling was made. Both spoke on condition of anonymity because they were not authorised to discuss the case.

The 50-year-old pop superstar can appeal the ruling to Malawi's Supreme Court.

The residency rule was waived in 2006, when Madonna was allowed to take her adopted son, David, to London before his adoption was finalised in 2008.

It was not clear why Judge Esme Chombo ruled differently today. Another judge had handled Madonna's previous adoption case. Madonna was not in court today.

Madonna's efforts to adopt 3-year-old Chifundo "Mercy" James had drawn criticism from some activists who said the little girl would be best off with relatives. In court papers made public today, Madonna said Chifundo's grandmother was unable to care for her.

Madonna had promised to make Mercy a permanent part of her family and spare her the "hardship and emotional trauma" of life as an orphan.

The girl's mother, according to the affidavit, died at age 14 just days after her baby was born January 22, 2006. There was no mention of the father in the affidavit. The mother's brother is listed as having consented to the adoption.

"I am able and willing to securely provide for Chifundo James and make her a permanent and established member of my family," Madonna said. "To deny Chifundo James the opportunity to be adopted by me could expose her to hardship and emotional trauma which is otherwise avoidable."

Malawi's child welfare minister had endorsed Madonna's adoption application.

"We have close to two million orphans in Malawi who need help," Women and Child Welfare Development Minister Anna Kachikho told The Associated Press on Thursday. "We can't look after all of them as a country. If people like Madonna adopt even one such orphan, it's one mouth less we have to feed."

Critics accused Madonna of using her fame and money to fast-track the adoption process, but the singer said she had followed standard procedures. She faced similar allegations in 2006 when she brought home David, who is now three.