Madonna’s Gets No Mercy In Adoption Case

The adoption of 3-year-old Chifundo “Mercy” James was denied today because of a Malawian regulation that stipulates that prospective parents undergo an 18- to 24-month assessment period in Malawi.

Madonna’s previous adoption of her son David, who is now 3, stirred up controversy because she and her ex-husband, British filmmaker Guy Ritchie, took the child to their London home in October 2006 without spending time living in the African country. The adoption wasn’t official until last May.

Opponents of the adoption criticized Madonna for using her celebrity status to fast-track the adoption. While announcing her ruling today, Judge Esme Chombo agreed that the singer shouldn’t be allowed to bend the rules.

“It is necessary that we look beyond the petitioner … and consider the consequences of opening the doors too wide. By removing the very safeguard that is supposed to protect our children, the courts … could actually facilitate trafficking of children by some unscrupulous individuals.“

Chombo said the only time residency rules had been waived was in Madonna’s previous adoption case.

The judge said she certainly wasn’t calling Madonna one of those unscrupulous individuals and praised the “noble” work she has done for the country.

In 2006 Madonna filmed a documentary in Malawi about the country’s extreme poverty and AIDS crisis. More than 14 percent of the country’s 12 million people have HIV, the virus that causes AIDS. An estimated 1 million children are orphans.

Last year she opened a day care center funded by her charity and she is also opening a school for girls in Malawi.

Chombo said the girl Madonna wanted to adopt is getting “suitable” care in an orphanage. She also noted that the previous adoption situation with Madonna’s son David was different because an orphanage was going to return the child to his father, who was struggling to provide for him.

The judge’s decision was a surprise because Malawi’s child welfare minister had given Madonna’s adoption application the thumbs up.

“We have close to 2 million orphans in Malawi who need help,” Women and Child Welfare Development Minister Anna Kachikho told The Associated Press. “We can’t look after all of them as a country. If people like Madonna adopt even one such orphan, it’s one mouth less we have to feed.”

Madonna’s lawyer, Alan Chinula, said he has “filed notice for appeal in the Supreme Court of Appeal.” A date was not immediately set.

In addition to David, Madonna also has an 8-year-old son, Rocco, with Ritchie and a 12-year-old daughter, Lourdes, from a previous relationship.

Read the AP article here.