Madonna's delight as Malawi court overturns ban on adopting Mercy

The African country's highest court ruled that the pop star can add four-year-old Chifundo "Mercy" James to her growing family.

Madonna, 50, will now arrange to obtain a passport for Mercy allowing her to be flown out of Malawi, one of the world's poorest countries, so she can join her in Manhattan.

The singer, who is in New York, was informed of the court's decision via a telephone call from her lawyer.

"It's the wee hours of morning in New York but she is excited," said Alan Chinula, adding: "As her lawyer I am happy this has settled this contentious issue."

Mr Chinula said it could take days to secure a passport for Mercy and he was "awaiting word" from Madonna on travel plans for the girl. The adoption may not be final for some time, he added.

An attempt to adopt Mercy had been blocked by Malawi's High Court in April because Madonna failed to meet the requirement that prospective parents be resident in the country for at least 18months.

The rule was waived in 2006 when Madonna adopted her son David, then 13 months old. She also has two biological children Lourdes, 12, and Rocco, eight.

Malawi's Supreme Court of Appeal ruled today that Mercy should not be deprived of a new life in the US. Chief Justice Lovemore Munlo told the court: "In this global village a man can have more than one place at which he resides. In this case, Madonna was in Malawi not by chance but by intention.

"She is looking after several orphans whose welfare depends on her. She can therefore not be described as a sojourner."

The ruling said there were only two options for Mercy: "Either to stay at the orphanage without the love of family and live with the possibility of destitution or be with Madonna where she is assured of love," and concluded: "Every child has the right to love."

Madonna has been accused of riding roughshod over local laws and effectively bribing the government by pouring millions of dollars into the country through her charity Raising Malawi.

The country is thought to have more than a million orphans, many of whom have lost their parents to Aids.

Madonna met Mercy at an orphanage in Bvumbwe near Blantyre in 2006. Her 18-year-old mother was unmarried and died soon after giving birth.

After Madonna moved to adopt the girl, James Kambewa, a security guard from Blantyre, came forward claiming to be her father and saying he wanted to care for her himself.

He has admitted never having seen the girl and his objections were not addressed in today's ruling.

Mercy's maternal relatives support the adoption and say they do not believe Kambewa is the father.

Peter Baneti, an uncle talking by phone from his village near Blantyre today, said: "We hope Mercy will be joining Madonna soon."

In its decision in April, the High Court warned that celebrity adoptions could lead to child trafficking.

Today, Undule Mwakasungula, chairman of a coalition of non-governmental organisations, accused the Supreme Court of "disregarding" international agreements on adoption.

But he added: "The Supreme Court has ruled and we have to go with that."

It has been suggested the adoption of David contributed to Madonna's divorce from Guy Ritchie, 40, after eight years of marriage.

After they split, the singer quit London to return to the US.