Just because the court in Malawi has denied her bid to adopt her second child from their country doesn’t mean that Madonna has any plans to leave just yet. Just hours after Madonna‘s proposed adoption of 3 year old Chifundo Mercy James was denied, Madonna paid a visit to the village of Mugulula on behalf of her charity Raising Malawi, clearly undaunted that her attempt to adopt was foiled. Additionally, it is being reported that Maddy is planning a big party in Malawi to, presumably, help her get over her denied adoption bid. Here are a few photos of Madge in Mugulula yesterday, some deets on Maddona‘s court ruling (and how the ruling judge almost approved her case) and the info we have on her party plans:

A judge who barred Madonna’s second adoption from Malawi on Friday said she had “a gripping temptation” to approve the adoption, but decided doing so would open doors to child trafficking, court records show. The American pop star had filed a petition to adopt a girl, Chifundo James, 3. The rejection was based on a residency requirement and the judge’s belief that the child was in good hands at an orphanage. “There is a gripping temptation to throw caution to the wind and grant an adoption in the hope that there will be a difference in the life of even just one child,” Justice E.J. Chombo wrote in a ruling. “But removing the very safeguard that is supposed to protect our children … could actually facilitate trafficking of children by some unscrupulous individuals.” Video Watch why court refused adoption bid » Chombo was referring to a residency requirement in Malawi law that requires people to live in the country for some time before adopting. If Madonna was granted the adoption without established residency, critics argue it could open the door for others to adopt children and leave the country. “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,” the judge wrote. Court papers provided to CNN also revealed that the judge considered the petition different from that of David Banda, whom Madonna adopted from Malawi in 2006. David “was to be returned to his biological father within a period of six months from the time that Mchinji Orphanage had admitted him,” Chombo wrote. “This is the same father that had desperately appealed for help after the death of his wife because of his incapacity to look after David and the unwillingness of wife’s family to care for the child.” In the case of Chifundo, the orphanage taking care of her was able and willing, according to Chombo, who did not handle the first adoption. Court records show her 14-year-old mother died days after her birth. The ruling followed weeks of criticism by human rights activists, who accused the mother of three of using her fame to circumvent a residency law for foreigners adopting in the country. Save the Children UK had also urged Madonna to let the child be raised by her relatives in her home community. The denial was applauded by a coalition of local nonprofits. “Inter-country adoption is not the best way of providing protection to children … supporting children from outside our country only helps five of the 1.5 million orphans we have,” said Mavuto Bamusi, the national coordinator of Malawi Human Rights Consultative Committee. Malawi government officials said Thursday that they supported Madonna’s second adoption … Madonna’s lawyer has filed a notice to appeal the ruling with the Supreme Court, according to Ken Manda, high court registrar.
It’s unclear if Madonna plans to stay in Malawi for the duration of her appeal as it is also unclear just how long that appeal will take but Maddy has yet to leave the country so it’s possible she may stay there for a while. She’s even planning a big party in Malawi — possibly to try and offset her disappointment:
Madonna is apparently throwing a party in Malawi in a bid to swallow her disappointment that a judge rejected her application to adopt a young orphan. Traditional dancers have arrived at the luxury lodge where the pop diva is staying, as well as government officials and members of staff of her Raising Malawi charity. Amid strict security, there was no immediate confirmation on whether it was a farewell party. Air traffic control authorities granted clearance for Madonna’s jet to depart Saturday but the star stayed in the lodge all day.
As I said yesterday, Madge is not the kind of person who takes no for an answer. If there is a chance that the initial denial could be overturned by the Malawian Supreme Court then I’m sure she is going to pursue every avenue to ensure that she wins in the end. If the appeals process is a quick one, I imagine she will stay in Malawi to see it thru … tho, if we’re talking weeks here, she’ll prolly return to her home in NY and just come back to Malawi later on. I was fairly certain that Madonna would be successful in adopting her second child from Malawi … now, I’m not so sure. One thing I am sure about, tho — Madonna will not give up. We shall see if her persistence pays off.
[Photo credit: Splash News; Source, Source]





























I know the policy behind these rules is to protect kids from trafficking but like the judge said herself, this exception would make a difference in the life of *at least* this one child. What are the other options for this little girl whose mother died from childbirth at age 14? Her future adoption prospects look pretty bleak to me. I think they’re just trying to make an example of Madge and end the popstar adoption boom but really it’s the kid that takes the hit in the long run. This girl won the golden ticket to a decent shot at life and now it’s being taken away.
@sandbot – I totally agree, it’s little Mercy who loses out.
Wait, David had been at the orphanage for less than 6 months, and his father had only placed him there to receive care with the expectation that he would be returned 6 months after placement? How was a kid like that ever eligible for adoption in the first place since the judge’s ruling makes it appear that he wasn’t actually abandoned? Adoptions should be stopped in that country until they get their stuff together so there’s no confusion for adoptive parents.
sure, little Mercy loses out on a lavish lifestyle – but if the judge is correct that to allow this precedent to be set would put the lives of many other children in danger from human traffickers (which seems a very reasonable concern, honestly) and that Mercy is being adequately provided for by the orphanage (no, it’s not a desirable life, but adequate food and shelter), then I agree that the lives of so many other children should not be put at risk by setting a dangerous precedent.
Yes, its sucks monkey balls for this family, but could very likely prevent untold heartache for many others — ‘course it’s hard for some people to care about anonymous, faceless orphans, much easier to sympathize with the one that has a human face.
I’m disappointed with some people’s shortsighted views on this matter.
Madonna is not a stranger to the country, in fact shes made the country a house hold name, now Malawi is one of the most “famous” countries in Africa for the rest of time, and they want to use the name Madonna and child trafficking in the same sentence, I would be pissed. I think the judge has a personal dislike of Madonna or misunderstanding of the type of person she is, Its a big slap in the face to Madonna, who has shown that country the highest respect and admiration yet they turn around and try to humuliate her. They all get off in humuliating her.
What if Madonna were to say “Fuck it, Im taking my 3 kids and leaving the hell out of here. You guys dont like me, you dont want my help, fine I get it See Ya, fend for yourselves for the rest of time.” but I know she wont do that, because shes doesnt let her ego win. But they better just watch their disrespect, cause she might just get fed up. I have a feeling that if this were a male they wouldnt hassel her.
@Road: I don’t think anyone is accusing Madonna of child trafficking, after all, everyone would notice if she adopted Mercy and then the little girl disappeared. What the problem is, is that by allowing this adoption, the country of Malawi would create a legal loophole which OTHER people would be able to exploit in order to sell children for sex/slavery. Not fucking cool. So while there is no question Mercy would be safe, it would open the door to criminals, and put the other children in jeopardy. Legal precedence is an important legal concept, which i don’t think you (and a lot of other people, apparently) are fully understanding.
Also, she had to have known about the residency requirement, as she has a Malawian lawyer. And there have been rumors of her adopting Mercy since David’s adoption. It would have been beyond easy for her to buy a fucking house in Malawi back then, which would have satisfied the requirement. Or she could buy it now, and take custody of Mercy when the time-requirement is up. If she really loves that girl, she will be willing to do that, and everything will be cool, there will be no problem.
Also, just an aside: she doesn’t let her ego win?? Are you sure we are talking about the same Madonna?
@ Beth – I totally agree! @ Road – “If this were a male they wouldn’t hassle her”? Oh please! I hate that whiny feminist bullsh*t.
The devils hands!!!! Arrrrghhh.
IMO: Yes Mercy would have a better life living with Madonna. Who wouldn’t. But i believe like everyone else, Madonna has and probably is trying to abuse the adoption system with her fame and money. Of corse she is going to deny it – but she would have to be a very impatient person i believe. Now she probably cares alot about these orphans and Mercy to want to abuse the system to save ones life as soon as possible, but it’s still unfair. I don’t care what all the fans say to this claiming its hating on Madonna and stupid opinion because she isn’t abusing the system. BULLSHIZ.. she might not be shedding out thousands of dollars to get Mercy, she is probably just hurrying the process up to get Mercy and go home – something REGULAR people can’t do. Regular people who really want kids but cannot because of pregnancy problems.
I’m glad this is occurring to Madonna to show the world and celebs etc… that you just cant click your fingers and get what you want. Just be patient and follow guidelines and laws.
The human trafficking issue seems like another excuse to me…they determine these adoptions with thorough investigations on a case-by-case basis. You think if they gave an exception to Madonna any Joe pimp will be able to come by with his millions and be handed an orphan? They’re gonna follow up with the family for a long time after the child is adopted. We’re not part of these social services yet we can see that David is being clothed, fed, cared for etc.
And yes it would be nice if Madonna could support the entire country and have every child there be able to stay with their family but the reality is, she’s a mom who yearns to save one child under her own care. Come to think of it, forget saving a child in Africa, maybe she should stick to the american way…invitro to her heart’s desire a la Octomom.
“That whiny feminist bullsh*t” – JJ … Female celebrities and women in general get scrutinised and punished by legal systems in ways that male celebrities and males in general, don’t. Britney Spears is a perfect example of this. I could go on about how the ‘powers that be’ love to stick women with that ‘mental health problem’ label or how they don’t care much for women (like Madonna) who have a ‘sexual side’ …. but I don’t want to bore you with the facts of life.