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Madonna's delight as Malawi court overturns ban on adopting Mercy
Robert Mendick, Chief Reporter12.06.09
Madonna was given the go-ahead today to adopt a second child from Malawi.
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.
Reader views (28)
Good for her for helping.. She has put millions of dollars into the Malawi schools and taken her time to be there and help. Maybe more people would adopt in the USA if it wasn't such a painful ordeal. I have several friends who adopt out of the country due to the thousands of dollars and red tape one must go through to simply love a child and give them a home.
- Marci, LB, USA
Rich people buying poor people's children is distasteful, whatever the motives (and I rather imagine that the hands-on parenting will be left to the army of nannies and minders, since Madonna is bound to be far too busy with her "music" to dirty her hands with anything so mundane).
- Hb, rochford, essex
Bruno will have to get another one to keep up !
- Scott, London
Congrats Madonna, at least she is making a difference and helping a child in need, same cant be said about all these people who are constantly rubbishing her! what have you all done to help these kids in these poverty stricken places lately?????
- K Lewis, Australia
Ali, bang on. If you were little Mercy would you want to eek out an unhappy childhood in an orphanage (even though you had a father), and face a pretty miserable, shortish life or experience all the opportunities being a child of Madonna can offer. Stop preaching and think it through - this little girl is getting a chance of a good life. I'm not great fan of Madonna, but who of you posting negative comments about her on this site has adopted a child in need? Probably not too many.
- Shirley, London
Why does she go abroad when we have so many children in the US who need homes and are in the foster/adoption system? It is all so sad!
- Patti, Los Angeles US
Why the hell should we be interested in this American ? Who cares about her ?
- Michael, Kensington, UK
There is a surprise, how money talks!!!
- Irene Rybinska, London UK
I've no respect for Madonna....she is making a mockery of the adoption process...hey let's all BUY a child.
- Victoria, Cypress, USA
Why is Madonna always criticised and scrutinised for doing this, when that dreadful Angelina Jolie does the same all the time and no-one blinks an eyelid, but rather praises her.
If the child has a father, why was she in an orphanage in the first place?!
give madonna a break OR be just as critical towards that tomb raider actress!!
- Judy, london
Cool! I want one.
- Ted, London
"hey everyone, look at my new toy! er, boy!"
Just showing up in her camo pants and boots should have been enough to show the court how nuts she is.
- Trunk, US
A multi-millionaire who works out for 4 hours a day, has a full career in the public light, and spends a lot of the year travelling. Just when is she going to find time for this little girl? Probably only when the cameras are on her.
Let's not even start on her weird diet and bizarre fake Judaism.
- Sarahn, London, UK
Mercy has a dad. Why is she allowed to do this? Money speaks and she doesn't take no for an answer. Mercy is not an orphan. My regard for Madonna has fallen to zero.
- Lin, LONDON ENGLAND
What will she give me for my two?
- Martin H. Watson, Teddington
Removing these children from their natural environment and relocating them thousands of miles away is a travesty of all things natural and proper.
Of course, money can buy anything.
Ask UK MP's.
- Reuben Camara, Morecambe UK
I'm sure a lot of kids waiting to be adopted in America must have just had another bit of their heart turn to stone.
- Roz, France
This is unbelievable ... there are many children that need help in the US, so why not adopt in the US .. or as I totally agree if you really want to help, then why not donate money to those orphanages or schools to give them a better life and they will grow up learning about their own culture rather than in that materialistic world that Madonna and her group live in. Its not about one child, its about all those children who need the help ... thank god we have Comic Relief Campaigns in the UK!!!
- Amy, London
Why is this not a surprise. Money talks eh?
- Sheila, London, UK
Dear Ali Sichilongo et al with a paralized encephalus, a celebrity complex and a distinct lack of a good dictionary, an "orphan" is a child without parents or extended family, which Mercy is definitevely NOT. (and neither was poor David!)
Malawi has in excesS of 1 MILLION Aids orphans: why not adopt one of those poor creatures, in need of medical attention that THE rich white woman could well afford?
THE ALTENATIVE WOULD HAVE BEEN TO ADOPT MERCY'S FAMILY AND TO ALLOW HER TO GROW UP IN THAT LOVING ENVIRONMENT.
But obviously our callous Ciccone feels she is in some sort of perverse and demented "rainbow family" race with Angelina Jolie for tabloid space.
THINK PEOPLE, THINK WITH YOUR OWN MIND; DON'T BE FOOLED BY THESE WANNA-BE HUMANS.
- Rebis White, London
It is amazing what money can buy.
- Dani, London
Why not put a chunk of money into a better orphanage and help out all the kids and let them grow up in their own culture?
- Paul, London
Can't anybody stop this mad woman?
- Ken, Bexleyheath
Fantastic news at last! Congrats to Madonna for her fortitude and perseverance...for all those nay sayers that criticised - what would you have wanted instead? That a needy child be left to ROT for the rest of her life in a squalid orphanage?!!..It truly boggles the mind the extent to which Madonna has been vilified for simply wanting to do something positive - something which many of you that have objected to her adopting would NEVER EVER DO! All I can say to you all is get off your crosses because somebody else could do with the wood!
- Ali Sichilongo, London
It is complex,but I can't see any child being better off in an orphanage than in a family, Madonna or not. Hope it all works out for them.
- H,London, London,UK
Shouldn't have been allowed. Money talks though...
- Jb Sussex, hove sussex uk
I'm so glad its been approved. Congratulations, Madonna.
- C, UK
I hope she fails and Malawi stops this exploitation of designer families
- Ge, Kernow
