Madonna loses Malawi adoption bid
Friday, 03 April 2009
A Malawian court has ruled that US pop star Madonna has failed in her bid to adopt a second child from the country.
'I must decline to grant the application for the adoption of the infant,' judge Esmie Chondo said after a closed-door hearing on Friday.
The application has been rejected over residency rules.
Madonna, who flew to Malawi on Sunday, was not in court to hear the ruling over Chifundo James, three. Her lawyer said she would lodge an appeal.
The 50-year-old singer applied to adopt Chifundo James, whose name translates into English as Mercy, on Monday.
Madonna's application was rejected because of a requirement that prospective parents be resident in the southern African state for 18 to 24 months.
The rule was waived in 2006 when Madonna was allowed to take her adopted son, David Banda, to London before his adoption was finalised in 2008.
In the ruling, read out outside the court, the judge also voiced concerns about the potential ramifications a ruling in Madonna's favour might have on adopted children's human rights.
'By removing the very safeguard that is supposed to protect our children, the courts by their pronouncements could actually facilitate trafficking of children by some unscrupulous individuals,' she said.
The judge also noted that Chifundo had been placed in one of Malawi's best orphanages and no longer suffered the severe poverty endured after her mother died in childbirth.
'It is evident that Chifundo James no longer is subject to the conditions of poverty at her place of birth,' she said in the ruling, made at the hearing in Malawi's administrative capital Lilongwe.
According to court papers just released, Madonna had said she was 'able and willing to securely provide for Chifundo James and make her a permanent and established member of my family'.
'To deny Chifundo James the opportunity to be adopted by me could expose her to hardship and emotional trauma which is otherwise avoidable,' she continued.
However, Madonna's efforts to adopt the three-year-old attracted criticism from some parties who said the little girl would be best off with relatives.
The performer was also accused of using her fame and money to fast-track the adoption process, a charge refuted by her spokeswoman Liz Rosenberg.
The singer, who was represented in court by her lawyer Alan Chinula, first travelled to Malawi in 2006 to film a documentary in the country.
'I must decline to grant the application for the adoption of the infant,' judge Esmie Chondo said after a closed-door hearing on Friday.
The application has been rejected over residency rules.
Madonna, who flew to Malawi on Sunday, was not in court to hear the ruling over Chifundo James, three. Her lawyer said she would lodge an appeal.
The 50-year-old singer applied to adopt Chifundo James, whose name translates into English as Mercy, on Monday.
Madonna's application was rejected because of a requirement that prospective parents be resident in the southern African state for 18 to 24 months.
The rule was waived in 2006 when Madonna was allowed to take her adopted son, David Banda, to London before his adoption was finalised in 2008.
In the ruling, read out outside the court, the judge also voiced concerns about the potential ramifications a ruling in Madonna's favour might have on adopted children's human rights.
'By removing the very safeguard that is supposed to protect our children, the courts by their pronouncements could actually facilitate trafficking of children by some unscrupulous individuals,' she said.
The judge also noted that Chifundo had been placed in one of Malawi's best orphanages and no longer suffered the severe poverty endured after her mother died in childbirth.
'It is evident that Chifundo James no longer is subject to the conditions of poverty at her place of birth,' she said in the ruling, made at the hearing in Malawi's administrative capital Lilongwe.
According to court papers just released, Madonna had said she was 'able and willing to securely provide for Chifundo James and make her a permanent and established member of my family'.
'To deny Chifundo James the opportunity to be adopted by me could expose her to hardship and emotional trauma which is otherwise avoidable,' she continued.
However, Madonna's efforts to adopt the three-year-old attracted criticism from some parties who said the little girl would be best off with relatives.
The performer was also accused of using her fame and money to fast-track the adoption process, a charge refuted by her spokeswoman Liz Rosenberg.
The singer, who was represented in court by her lawyer Alan Chinula, first travelled to Malawi in 2006 to film a documentary in the country.
From BBC News
If the child has relatives, why is she in orphanage? Grandma complains but yet does nothing for her little granddaughter. And if the government of Malawi is so concerned about its children why it doesn't take care of them properly? Children are poorly fed, barely clothed and have variety of diseases. NOONE cares about them! So what is so bad about giving that child an opportunity to have civilized life? I'm sure that girl would say the same thing when she grows up.
Posted by: irene | Tuesday, 07 April 2009 at 11:05 AM
I agree with Robert, but can anyone actually see M moving to Malawi for 18-24 months? I know I can't! :-D
Posted by: bristar | Tuesday, 07 April 2009 at 09:49 AM
I understand where the judge descion is coming from. Every country has laws & no one should be exempt from them regardless of wealth or status. Sure the laws were bent the first time around but it may have been a bit arrogant to think that they would be again because of the good will she & attention she has brought to the country. If she were allowed to adopt Mercy by just stopping by & building schools & centers for these children then anyone with wealth could do the same but may not have the same good intentions as Madonna. Sure Mercy would have an extrodinary life from where she came from but there is a lawful procedure to be followed. If this adoption means a great deal to Madonna and if she has much love & support for this child, she will have to go further this time in making a difference in a childs life. She should abide by the law & prove to the judge that this is not just some status symbol adoption or whim, that she truly has the best interest of Mercy and move to Malawi for 18 months.
Posted by: Robert | Sunday, 05 April 2009 at 05:34 PM
Isn't seeing how David Banda has been cared for enough for these people? It's a shame she has been denied the adoption of Mercy. She has basically put Malawi on the map. Before her Confessions tour- I never even knew there was a Malawi. Best wishes to Madonna and I hope there is a change of heart regarding this adoption.
Posted by: Mary Pryor | Saturday, 04 April 2009 at 04:26 AM
this is a total absurd, this child would have an amazing life if she was adopted by M.
But knowing Madonna as we know, she will not quit! and i am sure she will win this battle at the end. you go M!!!!
Posted by: jojo | Friday, 03 April 2009 at 07:25 PM