As you may recall, the Malawian appeals court ruled that Madonna‘s adoption of Chifundo Mercy James can move forward and cleared the way for the little girl to be issued a passport so that she can be moved to the US to live with her mother-to-be … but while the legal paperwork is being sorted out, little Mercy is spending as much time as she can chillin’ with her friends at the orphanage in Malawi before the move. Here is an adorable pic of Miss James with her supercute little friends:

Mercy James is spending her final days in Malawi playing with friends, completely unaware her life is about to change beyond all recognition. The four-year-old has been photographed enjoying the company of her nursery school classmates with a huge smile on her face as her new life with Madonna draws near. The singer has been speaking to her new daughter every night as she prepares to move to New York. Sources close to the singer say she has been calling Mercy James at the safe house where she has been staying in Lilongwe, Malawi. “Mercy can only understand and answer basic issues like ‘greetings’ and ‘what have you eaten?’ but Madonna insists on speaking to her daily,” said a source. “On Sunday night, she told her: ‘Mommy is waiting for you across the seas. Your big sister, Lola, has decorated a room for you. You will like it’” … Malawi’s Supreme Court overturned a lower court ruling in April which said Madonna could not adopt Mercy James because she was not a resident of the southern African country.

What an absolutely beautiful group of children! Madonna is very lucky to be able to add Mercy to her family. I am DYING to see photos of Mercy with her new family … I know that they will love and care for her with all their hearts. I hope that little Mercy will be able to reunite with these friends in the future … it’d be a shame if this time spent with these cute little girls is her last.

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After being initially denied by the Malawian adoption court earlier this year, the appeals court has today ruled that Madonna can — at last — formally adopt Chifundo Mercy James after all. Earlier this week we heard a report that stated that the appeals court had decided to approve Madonna‘s appeal but the announcement was held until today. After years of wrangling to add Mercy James to her family, Madonna has finally won her bid … Mercy James will officially become Madonna‘s daughter:

Madonna can get “Mercy,” Malawi’s highest court ruled Friday. The court overruled a lower court, saying the pop star can adopt 3-year-old Chifundo “Mercy” James. Madonna’s lawyer Alan Chinula said he called her with the news “in the wee hours of morning in New York, but she is excited at the news.” Chinula said he would now arrange a passport for Chifundo, which could take several days, and was awaiting word from Madonna on travel plans for the girl … Peter Baneti, an uncle, said the family welcomed Friday’s ruling. “We hope Mercy will be joining Madonna soon,” he said by phone from his village just outside Blantyre. Madonna adopted a son, David, from Malawi last year, but her request to adopt Mercy was originally rejected in April when a lower court that said the star had not spent enough time in Malawi. But Chief Justice Lovemore Munlo, reading the three-judge appeal court panel’s ruling on Friday, said that was a narrow interpretation based on old laws and that “in this global village a man can have more than one place at which he resides.” He said the singer’s commitment to helping disadvantaged children also should have been taken into account in the decision. Madonna has founded a charity, Raising Malawi, which helps feed, educate and provide medical care for some of Malawi’s more than 1 million orphans, half of whom have lost a parent to AIDS … Chinula said that with Friday’s ruling, the adoption was final, as he had requested of the court. This could not immediately be confirmed. When Madonna adopted David, the process took months and included a child welfare official’s visit to Madonna’s home, which then was in London, to review her fitness as a mother. Chinula said none of this would be necessary this time. “What the Supreme Court has done is grant a full adoption,” he said. The appeal court ruling took more than an hour to read in court. “The matter of residence should be determined at the time of application of the adoption,” Chief Justice Munlo read. “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 also said the judges saw only two options for Chifundo; “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. “Every child has the right to love,” it said. Madonna met the girl in 2006 at Kondanani Children’s Village, an orphanage in Bvumbwe, just south of Blantyre. It was the same year she began the process of adopting David, whom she found at another orphanage in central Malawi. The girl’s 18-year-old mother was unmarried and died soon after she gave birth.

This adoption was a long time coming … I understand that Mercy was Madonna‘s initial pick for adoption back in ’06 but because of circumstances at the time, she adopted David Banda first. While there are many that do not agree with the circumstances surrounding this adoption, there is no doubt that little Mercy James will be loved and cared for for the rest of her life. She will have an older sister and brothers to play with and a mother who will love her unconditionally. I’m sure Madonna and her entire family are over the moon with relief and happiness that they have been allowed to add Mercy to their family. Congrats, Maddy!! Take care of that little girl, ya hear?

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After losing her bid to adopt the little Malawian girl named Chifundo Mercy James back in March, Madonna has reportedly gotten some good news on her appeal. According to a new report, three Malawian appellate judges have decided to rule in her favor and reverse the original denial for her to adopt the little girl. While we are hearing this news today, the official announcement that Madonna can move forward and adopt Mercy James should be announced on Sunday:

Madonna will be allowed to adopt Malawian toddler Mercy James, 4, after all. Three Malawian appeal court judges will reverse the original verdict, blocking the singer’s bid in March, her lawyer said. Alan Chinula passed on the news after persuading two of the three appeal judges to alter their decisions. Madonna’s adoption application was originally rejected because she had not lived in the east African state for 18 months, as required – a ruling which her lawyer argued was out of date. Madonna, 50, is now said to have the backing of two of the judges with the third set to agree. The official ruling will be announced next Sunday at Malawi’s Supreme Court of Appeal.

I suspected all along that Madonna would eventually win her appeal to adopt little Miss Mercy James. There has been much talk from supposed fathers of the little girl but none have been able to actually prove that they are of any relation to her. It was my contention that barring a DNA test that categorically proved paternity for the little girl, Madonna would eventually be allowed to adopt Mercy James. I mean … c’mon … did anyone really think that Madonna would not be allowed to get her way? At least we can be sure that Madonna will welcome this precious little girl into her life and will love her unconditionally. Congrats to the happy expanding family!

UPDATE: Madonna‘s rep is clarifying that she has not received word that the Malawian Appeals Court has ruled in her favor, saying:

“Madonna has not been informed that a ruling has been made. We remain hopeful.”

It looks like the congrats are a bit premature … but, I too am hopeful.

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After her bid to adopt little Chifundo Mercy James was denied by the Malawian court earlier this month, Madonna immediately filed an appeal of that decision in the hopes that the Supreme Court of Malawai would take up her case and overturn the decision. Today we learn that Madonna‘s case has been accepted by the Supreme Court as they have issued a date to hear her appeal … Maddy‘s case will go before the court to undergo appeal on May 4:

A three-judge Supreme Court of Appeal panel will convene on May 4 to hear an appeal filed by Madonna against an April 3 Malawi High Court decision to stop her from adopting 3-year-old Malawian girl Chifundo “Mercy” James. Joseph Chigona, registrar of the High Court and the Supreme Court of Appeal, said Monday, “As with all court cases involving infants, this one will be in chambers, not in an open court.” Alan Chinula, Madonna’s Malawian lawyer, said he already has presented grounds for his appeal to the Supreme Court of Appeal and was hopeful. “We believe the lower court judge erred by basing her judgment on an archaic law of over 50 years ago,” he said. According to Chigona and Chinula, the singer is not required to be present during the appeal, which may last for two weeks.

Now, I’m not entirely versed in the ways of the Malawian court system but in our country the Supreme Court is the final arbiter of any legal dispute that is brought before them so I assume the same rings true in Malawi. That would mean that whatever decision is handed down by the Supreme Court will be the final say in this matter, period. I suppose the matter of the little girl’s paternity still needs to be determined since at least one man, James Kambewa, has stepped forward to claim her as his biological daughter in the wake of Madonna‘s adoption bid. I’ve not heard if Kambewa passed DNA tests to prove his paternity but barring any of that, I suppose the Supreme Court will have to rule whether or not the residency requirement in place for adoptions in that country should stand or not. Since the court can take two weeks to deliver their decision after the case is brought before them (on May 4), we should have answer once and for all concerning this adoption by the end of next month.

In other Madonna news, we learned yesterday that Maddy suffered a horse-riding accident when she fell off the horse she was riding while in the Hamptons, NY. Madonna‘s camp is blaming the accident on the paparazzi who they say “spooked” the horse by taking photos. TMZ spoke with the sole paparazzo who was there and he vehemently denies that he had anything to do with Madonna‘s accident. After the jump, check out a couple photos of Madonna‘s accident got by The New York Post (who broke the story of Madonna‘s accident on Saturday night) and the denial by the pap of his involvement in her accident …

Madonna is moving forward with her appeal to formally adopt Chifundo Mercy James in the wake of her denied attempt to adopt the young girl on her most recent visit to Malawi. Madge published a public plea to the people of Malawi (and, presumably, the Malawian Supreme Court that is overseeing her adoption appeal) that she be allowed to adopt little Mercy … this is the first time Madonna has spoken publicly about her plan to adopt since her case was denied earlier this month. Additionally, Madonna has released an undated photo (taken some time ago, it appears) of her cradling Mercy James in her arms to accompany the official statement she published in the Malawian newspaper Nation:

Madonna has spoken for the first time about her failed attempt to adopt three-year-old Mercy James from Malawi, as a photo of the two was released to the press. The undated picture of the singer cradling the sleeping child was released to a news agency today as her appeal over the legal ruling neared. It shows a young-looking Madonna, on one of her trips to the country, sitting and smiling as a sleeping Mercy nestles into her arm. The singer made a public plea for the toddler in an email to Malawi’s Nation newspaper:

“I want to provide Mercy with a home, a loving family environment and the best education and healthcare possible. And it’s my hope that she, like David, will one day return to Malawi and help the people of their country. Though I have been advised that I cannot publicly discuss the pending appeal regarding my desire to adopt Mercy, I do want to say how much I appreciate the level of support that I have received from the people of Malawi and my friends around the world.”

Madonna adopted David Banda from the impoverished African country in 2006 despite critics claiming she had used her celebrity status to bend the country’s laws. Judge Esime Chombo turned down the singer’s latest adoption application because she didn’t meet the country’s 18 to 24-month residency requirement. Her lawyer Alan Chinula confirmed last week that she has filed an appeal.

It would seem that Madonna hopes to court favor with the Malawian people (and Supreme Court) by showing that she is capable of stepping into the role of Mercy‘s mother at a moment’s notice. It seems odd that, in her statement, Madonna would emphasize that she is not allowed to talk about the adoption by releasing a statement and photo to a Malawian newspaper. It, obviously, remains to be seen if this public plea will help her in any way but you cannot fault her for trying everything she can in order to convince the court to overturn the first ruling and allow her to adopt Mercy James.

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Earlier today we learned the Malawian court has denied Madonna‘s bid to adopt Chifundo Mercy James by citing a residency requirement that insists that prospective parents of potential adoptees establish residency in Malawi for 18-24 months before they can be approved. This just in, the lawyer representing Madonna in her adoption bid has announced that he has filed an appeal with the Malawian court — by instruction of his client — in order to have the initial ruling overturned. Maddy is fighting on to adopt Mercy James:

Popstar Madonna has appealed a court ruling preventing her from adopting a second child from Malawi, her lawyer said on Friday. “I just filed the notice of appeal this afternoon on instructions from my client,” Alan Chinula told Reuters. A high court ruled earlier on Friday that Madonna would not be allowed to adopt a second child, a 4-year-old girl named Mercy James, from the country.

It remains to be seen what will come from Madonna’s appeal to overturn the ruling but, as I’ve said all along, Madonna usually gets what Madonna wants. If we know anything about Madonna it’s that she is deffo a fighter and she rarely takes no for an answer. Will Maddy be successful in her bid to become Mercy James‘s mother? We shall soon see.

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Madonna was SHOCKED in court today when her request to adopt Chifundo Mercy James was DENIED by the Malawian court that was charged with ruling in her case. Citing a residency requirement that insists that prospective parents achieve residency in Malawi for 18-24 months, the court turned down Madonna’s request to adopt Mercy James ending Madonna‘s bid for adoption in one fell swoop:

A residency requirement in Malawi has prevented Madonna from adopting a second child from that African nation, a judge and a lawyer told the Associated Press on Friday. The news service described the judge as a witness not involved in Friday’s court ruling, and the lawyer as another who was present at the time of the decision. Both the judge and the lawyer spoke on conditions of anonymity. The residency requirement for prospective parents is 18 to 24 months in Malawi. Madonna has homes in New York and London. The singer, a single mother, was planning to adopt 3½-year-old Mercy James, whom she first met in an orphanage in 2006. Her other children are daughter Lourdes, 12, and son Rocco, 8. There has been no word on whether Madonna intends to appeal the ruling. When her Malawian lawyer, Alan Chinula, broke the news that High Court judge Esme Chombo had rejected her petition to adopt a Malawian toddler, an incredulous Madonna “kept wringing her hands,” a source at Kumbali Lodge, where the pop star is staying, tells PEOPLE. Madonna, who filed her adoption papers on Monday, was not present in court. At the hearing, the judge said child welfare officers are required to find suitable prospective parents and “not someone who just flies in and out.” In terms of the child, “I think the welfare of Chifundo [African for 'Mercy'] will be better served if she grows within the environment of the culture of Malawi,” she said. The judge also said that because Madonna is already assisting other orphans, Chifundo will still benefit from star’s generosity.

Wow. I, too, am shocked at this ruling … I’m not sure there were many folks who guessed that the Malawian court would rule against Madonna. While I think it’s important that residency laws are upheld in matters like these (after all, those requirements become laws for a reason), I really hope the court was ruling in Mercy‘s best interests … and not for the sake of making an example out of Madonna. True, Mercy will still be able to benefit from “Madonna‘s generosity” without being adopted, but I cannot believe the little girl will be better served in an orphanage (even if it was the best orphanage in the world) rather than in an adopted home. I suppose we’ll hear soon what Madonna‘s next step is. I wouldn’t be surprised if she gave up her bid to adopt from Malawi altogether … but, I suppose, on the contrary I’d prolly not be surprised if she ended up buying a home in Malawi for the express purpose of establishing residency in order to try to adopt again.

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Here is our first look at the first photo of Madonna with the young girl, Chifundo Mercy James, who she is hoping to adopt in Malawi. As you may be aware, Madonna has journeyed to Malawi in order to begin the adoption proceedings so that she can add little Miss Mercy to her family (as well as bring her adopted son David Banda back to his homeland to be reunited with his biological father Youhane) but up until now we haven’t been able to see Maddy and Mercy together. While touring the orphanage that has been home to Mercy for the past few years, Madonna was able to spend time with the little girl who is likely to become her daughter … behold:

LITTLE Mercy James looks back at her orphanage home as she walks away to prepare for her new life as MADONNA’s adopted daughter. The Queen of Pop was pictured with Mercy for the first time yesterday as authorities began finalising the adoption arrangements. Four-year-old Mercy held the hand of new sister Lourdes, 12, as she enjoyed her first family outing. They were surrounded by a posse of minders, but Mercy — wearing a blue dress — was seen laughing and smiling as she joined her new family. Madonna spent over an hour in Malawi’s High Court on Monday, when she told Judge Esme Chombo she would be “a deeply loving mother” to Mercy, whose Malawian name is Chifundo. In adoption papers seen by The Sun, Madonna says: “To deny Chifundo the opportunity to be adopted by me could expose her to hardship and emotional trauma which is otherwise avoidable.” The judge will give an official ruling on Friday — but Madonna, 50, has already been told that her application will succeed. The pop queen is due to fly to Britain on Saturday — and has told staff at her London home to “prepare for the arrival of my new little girl”. Madonna celebrated Monday’s successful meeting by throwing a dinner party at her luxury lodge. A charity worker who attended the bash said Madge was drinking wine and hugging her staff — while her adopted son David held Mercy’s hand and ran around excitedly telling guests: “This is my new sister.” The source said: “Madonna looked incredibly proud and happy, and David was so funny — he couldn’t leave Mercy alone and pulled her around all the guests.” Eight-year-old brother Rocco — Madonna’s son with ex-hubby GUY RITCHIE — has also been helping to welcome Mercy into the family by playing with her in the gardens of the lodge. A senior Malawian official yesterday confirmed that Madonna had been told Mercy was hers. The official told The Sun: “This is all very confidential, and Judge Chombo must still make her ruling — but that ruling will be in favour of Madonna. “Madonna is a very good mother and ambassador for Malawi. She has improved the lives of thousands of orphans.” The approval comes after The Sun told how Madonna had recruited two of Malawi’s leading politicians to help secure her second adoption.

Whether or not this report of Madonna‘s adoption being a “done deal” is true, I think it’s very telling that Madonna and her children are being allowed to spend time with Mercy James. If officials are fine with the little girl getting to know and spend time with her prospective new family then it seems to me that they’re pretty much on board with approving the adoption. I can’t believe that they would be OK with letting the little girl get close to her possible new family if there was any chance that the adoption might not go thru. Not that I really doubted that Madonna would be approved for her adoption but the photo says more to me than this report does. This may be the first photo of Madonna and Mercy but it surely won’t be the last. What a beautiful family Madonna is making for herself. Madge and her children are very lucky to call Mercy James one of their own.

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Yesterday we learned that Madonna is planning to make her way to Malawi in order to take her adopted son David Banda for a visit to his homeland … and also to adopt a new child to bring home with her. It turns out that Maddy have already selected the little girl that she wants to adopt and her adoption case may go before the Malawian courts as early as this weekend. Say hello to Mercy James, the adorable little girl who may soon become the newest member of Madonna’s family:

Madonna’s bid to adopt a second Malawian child, a girl called Mercy James, will be examined by a court in the southern African country next week, officials said Friday. The 4-year-old would be a sister for Madonna’s three children including David, whose adoption by the U.S. pop star aroused controversy, and comes from the same orphanage. “Her name is Mercy James from Mchinji Home of Hope orphanage. She has no father and mother, they both died… We finished the assessment yesterday in readiness for the courts next week,” an official at the ministry of Gender and Child Development told Reuters. Court clerks confirmed the name of the child and said that Madonna or her associates were expected to appear in court next Monday for the adoption proceedings. She is expected to arrive in Malawi over the weekend, officials said. Some Malawians opposed David’s adoption, accusing the government of skirting laws that ban non-residents from adopting children in Malawi, which has been badly hit by an AIDS epidemic. Mavuto Bamusi, national coordinator for the 60-member Human Rights Consultative Committee, told Reuters that this adoption would also violate the country’s laws. “As far as we are concerned, nothing has changed in terms of adoption laws in the country,” he said. The local Nation newspaper this month quoted Madonna, 50, as saying that Malawian friends had told her David needed a brother or sister and that she would consider adopting another child, but only with the support of the Malawian people. David’s life with the global pop star is worlds away from his village of Lipunga, where his relatives eat maize meal as a staple food and meals are cooked on open fires. His father, Yohane Banda, told Reuters that he may see his son next week.

OMG, Mercy is the cutest little girl. And boy, things sure do move fast where Madonna’s concerned. Tho, it’s not surprising … this is how fast things went when she adopted little David. Not long after we got our first look at the little guy, she and the baby were back in the US going about their biz. I really do like the idea of David having a little sister from his home country to share his new life with. While others may take issue with the ease with which Madonna is able to adopt her children, I think it speaks volumes to her character that she would want to adopt a child from a country that she so deeply cares for. I will never believe that she is adopting children just on a whim … to me, she seems like a very caring (if bizzy) mother who wants to share as much of her life as she can with orphaned children. We may know very soon if Mercy will, in fact, become Madge’s newest child. For Madonna’s sake, I hope everything goes smoothly … she would be very lucky to have this adorable child as her daughter.

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