Madonna's adoption appeal approved
Friday, 12 June 2009
Madonna has won her appeal to adopt a second child from Malawi, the country's highest court has ruled.
The star, who is said to be 'excited' at the news, was appealing against an earlier decision that she could not adopt Chifundo 'Mercy' James, four.
In April, a judge ruled out the adoption saying prospective parents had to be resident in Malawi for 18 months.
But the appeals court said the star's commitment to helping disadvantaged children had not been considered.
The singer has founded a charity, Raising Malawi, which helps feed, educate and provide medical care for some of Malawi's one million-plus orphans.
The 50-year-old singer's lawyer said he had called the singer after the ruling.
'It's the wee hours of morning in New York but she is excited at the news,' Alan Chinula said.
'As her lawyer I am happy that this has settled this contentious issue.'
He said he was arranging a passport for Mercy and was waiting to hear from Madonna about travel plans for the child.
The southern African state's chief justice, Lovemore Munlo, praised Madonna's interest in helping Malawian orphans and said the child would have a better life with the star.
'In our view, Chifundo James is better taken care of by being adopted by foreign parents who will give her love and affection,' he said during the appeal hearing.
She was also financially stable, he added.
'In this global village, a man can have more than one place at which he resides. The matter of residence should be determined at the time of application of the adoption. In this case, Madonna was in Malawi not by chance but by intention.'
Madonna's commitment to Malawian orphans meant she could 'not be described as a sojourner', he added.
In our view, Chifundo James is better taken care of by being adopted by foreign parents who will give her love and affection.
Judge Esmie Chondo ruled out the adoption in April, saying the star had not spent enough time in Malawi.
Those rules were waived in 2006 when Madonna adopted a boy, David, from the southern African state.
The star, who is said to be 'excited' at the news, was appealing against an earlier decision that she could not adopt Chifundo 'Mercy' James, four.
In April, a judge ruled out the adoption saying prospective parents had to be resident in Malawi for 18 months.
But the appeals court said the star's commitment to helping disadvantaged children had not been considered.
The singer has founded a charity, Raising Malawi, which helps feed, educate and provide medical care for some of Malawi's one million-plus orphans.
The 50-year-old singer's lawyer said he had called the singer after the ruling.
'It's the wee hours of morning in New York but she is excited at the news,' Alan Chinula said.
'As her lawyer I am happy that this has settled this contentious issue.'
He said he was arranging a passport for Mercy and was waiting to hear from Madonna about travel plans for the child.
The southern African state's chief justice, Lovemore Munlo, praised Madonna's interest in helping Malawian orphans and said the child would have a better life with the star.
'In our view, Chifundo James is better taken care of by being adopted by foreign parents who will give her love and affection,' he said during the appeal hearing.
She was also financially stable, he added.
'In this global village, a man can have more than one place at which he resides. The matter of residence should be determined at the time of application of the adoption. In this case, Madonna was in Malawi not by chance but by intention.'
Madonna's commitment to Malawian orphans meant she could 'not be described as a sojourner', he added.
In our view, Chifundo James is better taken care of by being adopted by foreign parents who will give her love and affection.
Judge Esmie Chondo ruled out the adoption in April, saying the star had not spent enough time in Malawi.
Those rules were waived in 2006 when Madonna adopted a boy, David, from the southern African state.
From BBC News
Nellie - I am with you completely on both your posts.
Posted by: bristar | Thursday, 18 June 2009 at 11:27 AM
jojo - obviously I cannot ask David Banda if he is happy.
The main point was that adoption of a girl out of her country is surely the last alternative. The 'thousands' of people she is helping with her donations and assistance can make a better life for themselves with her continued love and support. I don't think that this give Madonna the automatic right to adopt a child particularly when you look at the laws she appears to have high-jumped - is this a case of 'money-talks?'.
I also don't doubt that Mercy will want for nothing - I just feel that Madonna's needs/wants have gone above the childs. Your comment about 'she always gets what she wants...sooner or later' smacks of greed and selfishness - a typical attitude in today's act now, think later society.
It will be interesting to watch how much attention Madonna pays to Malawi in the future - I have a concern her visits will become few and far between. I will also be the first to eat my words should I be wrong and I do hope I am.
Posted by: Nellie | Sunday, 14 June 2009 at 11:05 PM
Nellie, i think you should ask David Banda and Madonna's other children if they are not happy with the life they have and please dont forget that she is helping thousands of people with the money and orphanages that were bilt in Malawi thanks to her.
Posted by: jojo | Saturday, 13 June 2009 at 02:02 PM
Part of me thinks its great news, another part of me can't help thinking the Madonna PR/Legal team went into overdrive. I love Madonna and appreciate a lot of what she does but wouldn't her money be better spent funding and giving these children an education in the country that they grew up in with suitable teachers and local foster parents. I can't believe that growing up in Madonna's fast-paced, hectic lifestyle is suitable for a child from a poverty stricken country like Malawi.
Would it not have been a better solution for Madonna to make a true commitment by visiting and developing in conjunction with local people a better education system and showing her true altruistic intentions? To take children away shows a lack of sensitivity and not necessarily good intentions.
I am not being a 'hater' as so many fans will think, I am simply considering the options that are available for both Madonna and the child. Private jets, Manhatten apartments and the luxury lifestyle are all good and well but they will never make up for a considered and well thought out decision. And I don't think this adoption is.
Posted by: Nellie | Saturday, 13 June 2009 at 12:28 AM
YES! Congratulations to Madonna & Mercy! What a lovely family, I'm so happy for them!! Thank u Malawi, thanks to the universe <3 love
Posted by: Dominic | Friday, 12 June 2009 at 09:19 PM
Yes!!! I hope to do something like her one day. I loved seeing her at the Holy Cross. It had meaning to my heart.
PS: the make up artist sure has familiar eyes, maybe why Madonna likes her?
Posted by: eAdd1013 | Friday, 12 June 2009 at 07:23 PM
I'm so happy for Mercy! It was written in her stars! Congratulations, Madonna!
Posted by: Chris | Friday, 12 June 2009 at 05:37 PM
I'm so happy for her!! She deserves all the happiness and more!!
Posted by: Dana | Friday, 12 June 2009 at 05:04 PM
I'm really happy about this. The fact that Madonna fought for this as long as she did is a testament to her genuine love and commitment to Mercy. I'm also glad the judge acknowledged Madonna's aid and support of Malawi and took that into consideration.
Posted by: Zesty | Friday, 12 June 2009 at 02:38 PM
eat your hearts out haters!! OMG i was so pleased with this news...she always gets what she wants...sooner or later. I would love to see the faces of those who where happy with the decision of the first court lololololol.
Posted by: jojo | Friday, 12 June 2009 at 01:51 PM
It is the triumph of Love (with a big big "L") and Understanding. Madonna and Mercy deserve this decision. We fully support both Girls!
Posted by: Alex | Friday, 12 June 2009 at 12:18 PM