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Judge reject's Madonna adoption bid 'to protect African children'
Robert Mendick, Chief Reporter03.04.09
MADONNA'S bid to adopt a second orphan from Malawi was rejected today.
A judge decided African children needed protecting from celebrities and said that adoptions could even encourage child
trafficking.
The shock ruling came less than three years after the same court allowed the pop star, 50, to adopt a baby boy, David Banda. Madonna's plan to take Mercy James, three, back to New York to grow up with the rest of her family now lies in tatters. Her lawyer said she will appeal.
In the ruling, Judge Esimie Chombo warned: “Anyone could come to Malawi and quickly arrange for an adoption that might have grave consequences on the very children that the law seeks to protect.
“I must have to decline to grant the application to Madonna.” Court registrars told reporters Madonna's bid to adopt Mercy, three, had not complied with rules requiring a prospective parent to be resident in Malawi for 18 to 24 months before an adoption takes place.
The residency requirement was waived when the singer adopted David, but it provoked a backlash with accusations she had used her money and influence to circumvent the rules. One human rights group even accused her of child trafficking.
But one source told the Evening Standard that Madonna's newly acquired single status may also have been a factor in today's unexpected ruling against her. The source pointed out she was married to Guy Ritchie when successfully adopting David in October 2006.
The source said: “The residency rule is not the real reason. They rejected this one because they didn't like her. That could be because she is no longer married. There will also have been political considerations. There was a furore over the baby David's adoption and the court won't have wanted a repeat of that.”
Since adopting David, three, Madonna has poured huge sums into Malawi's orphanages and even built her own. She flew into Malawi on Sunday with David and her two biological children Lourdes, 12, and Rocco, eight.
It is not thought she was in court to hear today's ruling, although she attended a preliminary hearing earlier this week.
Madonna had selected Mercy on a previous visit to an orphanage. It is not clear how aware the girl would have been of how close she had come to a new life with a celebrity whose fortune is estimated at £300 million.
The child had spent only a small amount of time with Madonna. The source added: “I would guess Mercy would have been given a taste of the treats of living with a wealthy American family and now that has been taken away from her. It's very cruel.”
Martin Lowdon, a trustee of the Malawi Orphan Fund, which raises money for the orphanage in which David spent the early part of his life, said today: “Malawian children should be raised in Malawi as Malawians. They should not be taken away to be raised by Americans. I would rather the money was spent caring for 100 orphans in Malawi than on adopting one and taking him or her to America.”
Madonna's spokeswoman in the UK refused to comment today. “I don't know anything. We have not commented on it all along.”
In court papers made public today, Madonna said Mercy's grandmother was unable to care for her. The singer had promised to make the child a permanent part of her family and spare her the “hardship and emotional trauma” of life as an orphan.
Mercy's mother, according to the affidavit, died aged 14 only days after her baby was born on 22 January 2006. There was no mention of the father. The mother's brother is listed as having consented to the adoption.
Reader views (21)
Who cares?
- Dave Davies, Basingstoke, Hants
Martin Lowdon, of the Malawi Orphan Fund, hits it just right, why SPOIL one child when the money could help hundreds to live and grow happily in the country of their birth, the judge in this case seems to have more common sense than most of the presiding judges here in the UK, i'd like to see the ailing Madonna spread her money more wisely and widely if she does genuinely want to make a positive difference in our world,she could also make some recompense for the animals that are living the nightmare right now as we read this article that are languishing on fur killing farms all over the world by giving money to anti fur trade charities like 'CAFT' the coalition against the fur trade,lets hope her senior reflective years enlighten her to all the damage she has done and to all the GOOD SHE COULD DO!
- Sarah Ackland-Snow, Surrey England
It's simple. If she wants this child she simply has to be resident in Malawi for 18 to 24 months.
So, let's see.
- Barbara Tyler, New York
Sarah, how ignorant you are. Have you heard of www.raisingmalawi.org, the programme Madonna started to help hundreds and thousands of orphans in that region?
If you have children, the money you spend on them could help hundreds of orphans in Malawi too, but I don't suppose that is at all relevant?
- Mt, Leeds
Why can't Madonna give lots of her zillions to the orphanages? surely that's better than obtaining another designer accessory.
How I hate these celebs, they are scum
- Kerry, Purley
A few questions?
Why do these Rich Stars and other famous peoples beleive that by waving fists full of Dollars in front of Government Officials that they will be fast-tracked through the adoption processes of foreign countries?
Why do they have dozens of media types following them around to show off their 'Good Works' and 'Charitys'?
Whats wrong with doing this quietly without a fanfare? it is alsmost like them popping into a supermarket and saying...'Oh, I think I will buy an Orphan today'
If they want to adopt, then they should go through all the same background checks, proceedures as any ordinary person has to. It has been rumoured that Mr M Jackson also wants to 'Adopt an Orphan' in the UK.
It all beggars belief this. They really do think that they are 'Special and Different' from other Earthlings!!
- Uncle Vanya, East Anglia Area UK
“Malawian children should be raised in Malawi as Malawians. They should not be taken away to be raised by Americans. I would rather the money was spent caring for 100 orphans in Malawi than on adopting one and taking him or her to America.”
Totally agree. The money that she will spend on one child would probably feed, educate and provide medicines to 100 children.
- Sarah, Edmonton
Graham, what a misery you are. Rather than focus on the welfare of the child, you use this as an excuse to bash Madonna personally. You sad little man.....
- Maria, Leeds
Ok, so sod helping anyone out abroad, just look at our problems at home. THAT'S not selfish? Let's not stop at bashing Madonna, why not criticise ANY charity which helps desperate children abroad? They are obviously very selfish too....
Most of the Western world has adoption laws and a process whereby many parents can adopt and foster. Malawi doesn't and children there are suffering. So yes, let's punish Madonna for trying to make a difference!
- Geoff, Birmingham
Good decision.
There's laws against buying children in far off places.
- Stan Ex-London, USA
Just a couple of weeks ago this 50- year old fading pop queen was seen on newspapers all over the world, disporting herself in "schoolgirl" uniform, complete with little shorts and blazer, at the same time carrying on some squalid little affir with a 21 year old man.
Is this over-the-hill artiste, desperate for publicity, really fit to be an adoptive parent, when you think in this country, respectable couples can be turned down for being too old evenb in their late 50s.
If she appeals, I hope she loses.
- Graham, Ilford Essex
Well done that judge.
- Marianne, SW France
Next try Asia. Plenty of unwanted urchins about!
- Peter Noterfed, Paris, France
I'm putting myself officially forward for adoption, or do you think 38 is a bit old?
- Rachel Dyer, London
Are there not children living in very similar situations in American?
If she is being sincere about helping deprived children, why not donate money directly to orphanages and help many children, not just one?
Her motivations I am afraid are very selfish.
- Frank, Home Counties, England.
Never mind: I'm sure there are plenty of kids back home in the States who'd give their eye-teeth to be adopted by her. Maybe not babies, admittedly, but if Madonna wants to spread love and money around surely she'd consider taking one of the harder-to-place older children?
- Roz, France
If Madonna really wants to adopt a child, what about the thousands of desperately poor black children in foster care or group homes in America?
- Phil, London
She should have been denied. Children are NOT fruit to be chosen on a whim.
- Victoria, Cypress, USA
what a shame!!!! i supposed she'll be off to Cambodia now and see what she can pick up there....
- Jonny, London
I hope those female writers in the popular press who roundly condemn Madonna's attempt to adopt this little girl take the time to visit Mercy in a year or so and see what quality of life she has.....
Maybe her 'devoted' Uncles and Gran will have removed her from the Orphanage and she will be experiencing the type of childhood these writers feel her own country should offer her - but somehow I expect this little girl will be exactly where she is today, just older and probably sadder....
- Scots Lass, Scotland
Thank goodness for that! See money can't buy EVERYTHING!
- Lorraine, London
