Morning:
8°c
Madonna's African adoption may be wrecked unless she moves to Malawi for 18 months
Updated 22:22pm on 15 Oct 2006Madonna's plans to adopt an African baby could be wrecked today by a court bid to stop her taking the child to Britain.
And the challenge could mean ultimately that she would have to live in Malawi for 18 months if she is determined to make little David Banda part of her family.
The plan by the 48-year-old singer to adopt the 13-month-old boy has caused concern in Britain and Malawi, which both have strict laws governing inter-country adoption.
Yesterday, in an unexpected twist in the adoption drama, it emerged that a wide range of aid agencies, child charities and church groups across the country have joined together to try to prevent what they claim are efforts to allow her to fast-track the process and sidestep regulations.
Malawi's Human Rights Consultative Committee, an umbrella grouping of 67 non-governmental organisations, is going to the High Court in Lilongwe today to argue that last Thursday's interim court order granting Madonna permission to take David back to Britain was unlawful.
The group's lawyer, Justin Dzonzi, insisted it was a simple matter. Malawi law stated that anybody from outside the country wanting to adopt a Malawian child had to spend at least 18 months as a resident, during which their suitability as a prospective parent would be assessed.
'The decision of the court was unlawful,' said Mr Dzonzi, who is also chairman of the committee.
'Madonna is not a resident of Malawi and therefore does not qualify to apply to adopt until meeting the residency requirement. We are not against Madonna adopting a child per se. We are simply asking that she follows the laws of this country.
'We believe that the order last week is unlawful outside the statutory provision of the Adoption of Children Act.'
There has also been concern raised in Britain as to whether Madonna has satisfied the strict requirements of British law on adopting a child from abroad. A whole series of steps have to be taken, and it appears she has not yet complied with some of them. The process normally takes between two and four years.
Last Thursday Madonna and her 38-year-old film director husband, Guy Ritchie had hoped to leave Malawi with David after a court granted an interim order allowing the child to leave the country for up to a year.
The couple were ready to fly back to Britain in their private jet when problems arose, reportedly over difficulties in arranging a passport for the child.
After waiting for three hours on the tarmac negotiating with immigration officials, the boy was taken back to the luxury lodge where multi-millionaire Madonna had stayed during her nine day visit to the impoverished southern African country.
At today's hearing, a barrister will make an application on behalf of the committee - whose organisations include Save The Children Malawi - to be made a party to the adoption proceedings. If successful they will then request that last week's court order be suspended, pending a judicial review of that order.
The whole process, if the court supports the committee at each step, could take up to six months. And lawyers say there would be no question of little David being allowed to leave Malawi during that time.
Mr Dzonzi said that if the court ruled against her, Madonna would be forced to apply for residency in Malawi and then live in the country for 18 months before she would have any prospect of being allowed to take David back to Britain.
He said much of the confusion surrounding last week's court order was because the case had been held in camera, and the court had not issued a written explanation of its ruling.
But there was a growing feeling in Malawi that Madonna's superstar status and her promises to fund an orphan care centre had meant the usual rules had not been applied rigorously.
Madonna picked the boy from a 'short list' of 12 children. He had been place in an orphanage by his father, Johane Banda, whose wife died a week after David was born and whose other two sons died of malaria.
Davaid was taken from the orphanage to the luxury lodge where Madonna was staying a week ago. The singer was formally introduced to his father, Johane Banda for the first time at the court hearing on Thursday.
At first David was cared for at the lodge by a foster mother but on Saturday morning she was driven back to the Home of Hope Orphanage in Mchinji, where David had been living.
Since then a young woman and her husband, who are among three members of Madonna's staff who stayed behind last week, have been looking after him.
Sources said they had hoped to fly back to Britain today with David, having obtained a legal document which will act as a temporary passport. But they will now have to await the outcome of today's hearing at the high court.
It seems likely that if the saga drags on, David will have to return to the orphanage. Last night his father Johane, who lives in a mud hut in a village reached by a two hour car journey down a dirt track, said he was unhappy at the prospect of a court hearing.
'As David's father I have no problems with the adoption process so what is the concern?" he said. "Are they jealous or what? What I want is a good life and a good education for my child.'
Yesterday Mr Banda's cousin, Pofera Banda, said if David was eventually taken to London, the family would want to visit Madonna there to check he was being properly looked after. 'What I want to know is that if the child is taken, as we've been told, when will our child be visiting us? When will we visit him? How much contact will there be between us and him?
'If that is not going to happen then as a family we are saying the child should not go.'
Madonna's lawyers will be in court today to oppose the application by the committee, which will be heard in private. Whatever happens, it seems that David's fate will remain unclear for some time to come.
Reader views (20)
This is a thinly veiled attempt for more publicity. Angelina Jolie getting more magazine covers is the basis for Madonna's attempt at adoption. If she was truly altruistic she'd write a check and expect nothing in return...
- Frank Morgan, Pasadena, 16/10/2006 15:37
Report abuse
I think it is a wonderful thing when people choose adoption. But I think there are rules and regulations that need to be followed. I know several childless couples who would love to adopt but they do not have the resources to make it happen without following the protocol. The regulations are there to protect the children from predators who have ill intentions. I agree with the previous comment that Madonna could use her financial resources to help this father raise and educate his child. She could also use the resources to reform the foster care system and provide good permanent homes for children in need. Otherwise, all she is doing, as the previous person said, is a symbolic act to look like a do-gooder and purchasing an accessory ala Brangelina.
- Shiela Fallon, Virginia, USA, 16/10/2006 15:31
Report abuse
All those Aid Agencies are missing the point and are only seeking publicity for themselves instead of thinking of the child's future and wellbeing. The father of the child is happy for Madonna to take him, so they should butt out and think of the child's future!
- Sherry, London, 16/10/2006 15:31
Report abuse
I agree with Jec, the remaining family are acting as though the adoption does not really mean "custody", but rather Madonna and Guy acting as the proverbial "sugar daddy" and that they should maintain some sort of custodial control over the child. Madonna and Guy could make provisions for these cousins and the biological father to see the child, but that would be solely at their discretion, as they are providing a new family and a new life for a child that was given up by his former family. If his extended family has a problem with this, they need to take care of the child and not allow him to be forfeited to an orphanage.
- Rod, Texas, USA, 16/10/2006 15:27
Report abuse
I read somewhere that Madonna would be donating £3m to children-charities in Malawi. I wonder if she will still donate the money even if her plan to wisk this kid off to the UK fails... I mean, otherwise, her pledge should be seen as a bribe to buy this kid. I've got 3 she can buy a whole lot cheaper! (kidding)
- Greg Smith, Wilmington, DE, 16/10/2006 15:21
Report abuse
Madonna displays a good example of the "golden rule". The one with the Gold get's to make the rules.
- Mike Jones, Marietta, USA, 16/10/2006 15:14
Report abuse
If I wanted to adopt a child there I know they would force me to stay there for 18 months. Why should Madonna not have to live by the same rules as the rest of us?
- Richard, Chicago, USA, 16/10/2006 15:11
Report abuse
Little David is going to be another victim of the silly adoption laws in both countries. Laws which say, in effect, we would rather leave you sitting in a dismal orphanage than allow you to live in a home with people who would care for you... unless your prospective parents jump through 1,000 hoops.
The laws should all be reversed so that the legalities are... Prove that you have income, are not a child abuser, and don't put your children to work in sweatshops, and you can adopt all the children your heart and your pocketbook will allow.
- Wayne, San Diego USA, 16/10/2006 15:10
Report abuse
Looks like fame and money can't buy everything. We will see.
- Michael, Richmond, Va. US, 16/10/2006 15:10
Report abuse
Of all the children in the world who need a family, Madonna chooses one that has a father. If she truly wanted to help, she would give the father and son some money, so they could stay together and have a better life.
Madonna is doing this for attention, which will backfire on her. She's a has been, but just can't accept it.
- Mary, Texas, 16/10/2006 14:55
Report abuse
It is absurd that Madonna wants to adopt a child from Africa. She would be doing this child and the whole country more of a service to donate money and supplies to this impoverished town. I can't imagine what this poor child's life will be like in Madonna's self absorbed world.
- Sue, USA, 16/10/2006 14:54
Report abuse
Collecting exotic orphans seems to be the latest fad amongst the glitterati.
- You Name Him, New York New York, 16/10/2006 14:51
Report abuse
It is sad indeed the struggle for money, when here is a child who will live his whole life in hunger and hope for something better. No matter what anyone thinks about Madonna she is willing to do the right thing for this young child.
- Lynn, USA, 16/10/2006 14:47
Report abuse
If the "cousins" are so concerned about how David is being cared for by Madonna and Guy, why aren't they taking care of him instead of him being in a orphanage?
- Jec, TX, USA, 16/10/2006 14:35
Report abuse
I think that Madonna is amazing for even considering adopting a child from Malawi. I think that all celebs should follow in her footsteps. You go girl, god is going to bless you for helping his child. This child is going to be so blessed. I think god has a purpose for everything that happens in a persons life. Fingers crossed I hope it goes well.
- Laural Jefferies, London, 16/10/2006 14:35
Report abuse
Ridiculous. Madonna and Guy could not even be bothered to stay in Malawi while the legal procedings are going.
- Am, London, 16/10/2006 12:44
Report abuse
If she really wanted to help, she'd donate funds to improve the quality of life in that country, in particular so that he could stay with his father. However, the cousin and other groups are just vultures.
- Jopjo, USA, 16/10/2006 12:08
Report abuse
There are enough orphans in the US. Why do celebs need to travel outside the country to find one to adopt?
- Jack, USA, 16/10/2006 12:01
Report abuse
I feel that Madonna should be able to take the child home. The child has been in an orphanage since he was one month old and his father never made any attempts to take him home. All of a sudden because Madonna has decided to adopt this child, now his father wants him back. Regarding Cara Spencer's comment I would like to add that, this child would have a wonderful upbringing and he is very fortunate to have this opportunity. Why would anyone want to adopt a sick child? I feel that the adoption should go ahead and let the father have contact with Madonna if he so wishes.
- Barbrin Bester, Johannesburg, 16/10/2006 10:03
Report abuse
I lived in Africa for much of my life and know and love many of the extraordinary African peoples. Madonna has it in her power to help SO MANY poor, starving, HIV AIDS positive, persecuted people. Taking a vulnerable little boy away from his family and country, in order to try and look like a do-gooder or as a fashion accessory or, perhaps, in an attempt to patch up a rocky marriage, is truly wrong. If she REALLY cared about that little child, she would give his father enough money to support the child and educate him. I have known many wonderful people who have done just that - and those fortunate children have grown up able to contribute to the future of their country. Instead of dragging the poor child into a foreign and pretty decadent culture.
- Cara Spencer, Camberley, England, 16/10/2006 09:33
Report abuse
