June 12, 2009 9:50 AM
- Text
Madonna To Appeal Adoption Ruling
(CBS/AP)
Madonna's lawyer says she will appeal a judge's surprise ruling that she cannot adopt a second child from Malawi.
The judge had said Friday, April 3, 2009, that granting the adoption would have set a dangerous precedent by bending rules requiring that prospective parents live for at least some time in the southern African country.
Madonna's lawyer, Alan Chinula, said later Friday that he has "filed notice for appeal in the Supreme Court of Appeal." He says no date was immediately set.
The judge rejected Madonna's request to adopt a second child from Malawi because of a requirement that prospective parents live in the southern African nation for at least 18 months.
CBS News correspondent Elizabeth Palmer reports that the residency requirement was waived by a judge in 2006, when Madonna took her adopted son David to London before his adoption was finalized in 2008.
It was not clear why Judge Esme Chombo ruled differently Friday. Another judge had handled Madonna's previous adoption case. Madonna was not in court on Friday.
Madonna's efforts to adopt 3-year-old Chifundo "Mercy" James had drawn criticism from some activists who said the little girl would be best off with relatives. In court papers made public Friday, Madonna said Chifundo's grandmother was unable to care for her.
Madonna had promised to make Mercy a permanent part of her family and spare her the "hardship and emotional trauma" of life as an orphan.
The girl's mother, according to the affidavit, died at age 14 just days after her baby was born Jan. 22, 2006. There was no mention of the father in the affidavit. The mother's brother is listed as having consented to the adoption.
"I am able and willing to securely provide for Chifundo James and make her a permanent and established member of my family," Madonna said. "To deny Chifundo James the opportunity to be adopted by me could expose her to hardship and emotional trauma which is otherwise avoidable."
Malawi's child welfare minister had endorsed Madonna's adoption application.
"We have close to 2 million orphans in Malawi who need help," Women and Child Welfare Development Minister Anna Kachikho told The Associated Press on Thursday. "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."
Critics accused Madonna of using her fame and money to fast-track the adoption process, but the singer said she had followed standard procedures. She faced similar allegations in 2006 when she brought home David, who is now 3.
A coalition of non-governmental organizations called the Human Rights Consultative Committee had criticized Madonna's adoption attempts, saying that adoption should be the last resort and that children need to be taken care of by their own family.
"Mercy James is a child who has her extended close family members alive and we urge Madonna to assist the child from right here," the coalition said earlier this week.
Yet others from Malawi had applauded Madonna, saying the adoption would give Mercy enormous opportunities that she would be unable to achieve in the impoverished country, where 14 percent of adults are infected with the virus that causes AIDS.
Madonna first traveled to Malawi in 2006 while filming a documentary on the devastating poverty and AIDS crisis. On this trip, she has been accompanied by her three children: 3-year-old David, 12-year-old daughter Lourdes and 8-year-old son Rocco.
The four have visited an orphanage where David once lived and David also saw his biological father for the first time since he left Malawi in 2006.
The judge had said Friday, April 3, 2009, that granting the adoption would have set a dangerous precedent by bending rules requiring that prospective parents live for at least some time in the southern African country.
Madonna's lawyer, Alan Chinula, said later Friday that he has "filed notice for appeal in the Supreme Court of Appeal." He says no date was immediately set.
The judge rejected Madonna's request to adopt a second child from Malawi because of a requirement that prospective parents live in the southern African nation for at least 18 months.
CBS News correspondent Elizabeth Palmer reports that the residency requirement was waived by a judge in 2006, when Madonna took her adopted son David to London before his adoption was finalized in 2008.
It was not clear why Judge Esme Chombo ruled differently Friday. Another judge had handled Madonna's previous adoption case. Madonna was not in court on Friday.
Madonna's efforts to adopt 3-year-old Chifundo "Mercy" James had drawn criticism from some activists who said the little girl would be best off with relatives. In court papers made public Friday, Madonna said Chifundo's grandmother was unable to care for her.
Madonna had promised to make Mercy a permanent part of her family and spare her the "hardship and emotional trauma" of life as an orphan.
The girl's mother, according to the affidavit, died at age 14 just days after her baby was born Jan. 22, 2006. There was no mention of the father in the affidavit. The mother's brother is listed as having consented to the adoption.
"I am able and willing to securely provide for Chifundo James and make her a permanent and established member of my family," Madonna said. "To deny Chifundo James the opportunity to be adopted by me could expose her to hardship and emotional trauma which is otherwise avoidable."
Malawi's child welfare minister had endorsed Madonna's adoption application.
"We have close to 2 million orphans in Malawi who need help," Women and Child Welfare Development Minister Anna Kachikho told The Associated Press on Thursday. "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."
Critics accused Madonna of using her fame and money to fast-track the adoption process, but the singer said she had followed standard procedures. She faced similar allegations in 2006 when she brought home David, who is now 3.
A coalition of non-governmental organizations called the Human Rights Consultative Committee had criticized Madonna's adoption attempts, saying that adoption should be the last resort and that children need to be taken care of by their own family.
"Mercy James is a child who has her extended close family members alive and we urge Madonna to assist the child from right here," the coalition said earlier this week.
Yet others from Malawi had applauded Madonna, saying the adoption would give Mercy enormous opportunities that she would be unable to achieve in the impoverished country, where 14 percent of adults are infected with the virus that causes AIDS.
Madonna first traveled to Malawi in 2006 while filming a documentary on the devastating poverty and AIDS crisis. On this trip, she has been accompanied by her three children: 3-year-old David, 12-year-old daughter Lourdes and 8-year-old son Rocco.
The four have visited an orphanage where David once lived and David also saw his biological father for the first time since he left Malawi in 2006.
Popular Now in CBS News
- Teen's Facebook Sex Scam
- The Best Pregnancy Tests
- Pom-Pom Mom Goes To Extreme
- Perks of Five-Hour Energy Put to Test
- Eight Delicious Foods That Help Fight Belly Fat
- Which Yogurts Are Healthiest?
- How Long Foods Stay Fresh In Fridge
- Cyberbullying Continued After Teen's Death
- Could Protein Shakes Harm Your Health?
- Ten Healthiest Fast Food Chains
- Best Low-Tech Cell Phones Suitable for Seniors
- Best Sleep Positions To Rid Aches, Pains
- Electronic Cigarettes: Are They Safe?
- Can Exercise Make You Gain Weight?
- "Designer Babies" Ethical?
- Countertop Makeover In A Paint Can
- How to Stop a Cold Before It Takes Hold
Latest CBS News Headlines
on Facebook
on CBS News
- Hamas strongman in Gaza rejects unity deal
- Houston recalled as happy in days before death
- Pre-Grammy gala celebrates Whitney Houston's life
- The nation's weather
on Facebook
- Whitney Houston 1963-2012
- Adele sings a cappella for Anderson Cooper
- Remembering Whitney Houston 1963-2012
on CBS News
