June 12, 2009 9:50 AM

"Dad" Opposes Madonna Adopting Daughter

By
CBSNews
(CBS/ AP)  A Malawian man claiming to be the biological father of a four-year-old girl Madonna hopes to adopt says he's opposed to it.

Malawi's highest court began deliberating on Madonna's bid to adopt the girl from the poor southern African country, as a dispute erupted over whether the man trying to stop the proceedings, James Kambewa, is the girl's father.

Madonna wasn't at Monday's closed-door hearing at the Malawi Supreme Court of Appeal, and a ruling may not be announced for several days.

The 50-year-old pop star is fighting a lower court's decision that she cannot adopt Chifundo "Mercy" James because she hadn't been screened over time by Malawi authorities. The court said the rules were bent when Madonna adopted her son David from Malawi last year.

Madonna's Malawian lawyer, Alan Chinula, said he was "hopeful" the appeal would succeed, and argued the lower court had relied on outdated law to block the girl's adoption.

Madonna found the girl in 2006 at Kondanani Children's Village, an orphanage in the southern town of Bvumbwe just south of the commercial capital of Blantyre. It was the same year she adopted David, whom she found at another orphanage in the central Mchinji district.

In an Early Show world exclusive, Kambewa tells correspondent Priya David, "I do not want my baby to be adopted because I want to take care of her and I'm capable to take care of my baby. ... Mercy, she is a Malawian -- so (I) need her to grow as a Malawian, as well with our culture."

David, reporting from outside the courthouse Monday, said it appears the court is focusing more on Madonna than on Kambewa's assetions.

Kambewa, 24, wears a heart-shaped necklace he made bearing Mercy's name. He tells David he's never held or even met her, and says he's only seen her "in newspapers and TV, not face-to-face."

He says he misses Mercy's mother, his girlfriend when Mercy was born, "a lot."

Kambewa says he had no money to marry Mercy's mother and, six months after she became pregnant, he had to move to live with extended family, hundreds of miles away.

That's where, he says, he eventually received a letter that broke his heart.

Speaking through a translator, he told David, "The letter said my girlfriend and my daughter have passed away during childbirth. This was the toughest point in my life."

In fact, family members tell David that, while Mercy's mom died shortly after giving birth, Mercy lived and was raised by her grandmother for several months before being turned over to an orphanage.

Kambewa says he only learned the truth a month ago, when reporters covering Madonna's adoption case tracked him down.

He says he wants to bring Mercy home and be the father she never had.

The interview is part of a three-part Early Show series about Madonna's adoption efforts.

Madonna spokesperson Liz Rosenberg gave The Early Show a statement saying, "There is no evidence whatsoever that this man is the father of Mercy. ... This is a story created by the media that has no influence on the ultimate ruling regarding Madonna's appeal for custody. No family member has ever come forward to claim this child. And now some man appears out of a clear blue sky claiming to be the father."

The brother of the girl's mother told The Associated Press the family doesn't know Kambewa.

"How can he claim he is the father when he hasn't been around all this time?" said Peter Baneti, who explained that the girl was put in the orphanage because there was no one to breast-feed the baby.

Baneti said he had agreed to the adoption on behalf of the family, and that Kambewa was "just an opportunist."

Lucy Chekechiwa, Mercy's maternal grandmother, says she remains conflicted about the matter, telling David the orphanage has been determined. "I did not want my granddaughter to be adopted," she says, "but, because they have been persistent enough, I have been forced to let my granddaughter go."

James works odd jobs and earns about $20 a week. Madonna just topped Forbes' list of the world's richest moms.

In the town where Mercy spent her earliest months, her grandmother told David she makes about $2 a day selling vegetables, and takes care of six other grandchildren.

She said through a translator she thought the orphanage would help lighten her load until mercy was old enough to go to school. "When I got Mercy into the orphanage, the discussion that we had was that after 6 years I would be able to get Mercy back into the community, so that she could be integrated back."

She says it was the orphanage that recently persuaded her to give Mercy up for adoption so she could be given a better education.

But Mercy's grandmother expressed several times to David that she expects Mercy to visit often and return home to live in Malawi when she finishes school. "This is her place," she said through a translator. "She must come here and stay. When everybody grows old, they come to stay. And I think, when Mercy grows up, she will have to build a house here. That's the way she's supposed to (be) -- come and stay."

Malawi requires prospective parents to live there 18 to 24 months while child welfare authorities assess their suitability. That rule wasn't applied when Madonna was allowed to take David to London in 2006.

The judge in a lower court said Madonna's previous adoption was the only case in which the residency requirement had been waived, and said she was concerned that doing so again could set a precedent that could jeopardize children.

The judge said she wasn't questioning Madonna's intentions, and praised the work the singer's charity has done to feed, educate and provide medical care for Malawi's orphans.

Madonna recently told a newspaper in Malawi that she wants to educate Mercy and empower her to help people in Malawi.

"I want to provide Mercy with a home, a loving family environment and the best education and health care possible," she said in an e-mailed response to questions from the Nation. "And it's my hope that she, like David, will one day return to Malawi and help the people of their country."

CBS/ AP
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by andreanonymous May 5, 2009 12:10 PM EDT
First of all, you don't know how to spell. Madonna's live is dysfunctional. I wouldn't want a penny of her money, I consider it dirty because of what she has done to get it. If she offered me 10 million dollars to support her adoption, I would refuse. Some people consider integrity and standing firm to beliefs more important than money. This is something I have come to realize that Madonna's fans do not understand.
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by andreanonymous May 5, 2009 11:49 AM EDT
Madonna's ex-cook and house manager claimed she doesn't even see the kids she has...he said she puts herself before her children, which many of us already knew because of her never ending agenda.

This man IS her father, that has been established by the family, he was shunned for getting the girl pregnant. The family says 'they don't know him' because he moved away, not because they don't know who he is. That is fraudulent and misleading to put in the article.

Madonna and her 'team' of PR spin team are trying to demonize this man. She is unbelievable in what she has done to these families to get her way - the reason she doesn't pick children without living parents is supposed she is cherry picking the cutest and most adjusted children. They are this way because they have family that visited and love them.

As a condition to her taking the first child from his father, she promised Mr. Banda could stay in touch with his son, but left no contact info. The poor guy was distraught, (I've read this from papers in the UK, most the US media kiss her butt and hold back the details)- the guy was quoted as saying 'She promised! I just want to know, is he clever?' If that don't rip your heart out, this will - When he finally got to see his son, the boy asked him WHO HE WAS.

Madonna seems to go around breaking promises, stealing children from their families and now is trying to discredit the father. I have never observed such disturbing behavior. This current 'Madonna/ and the word 'spiritual' should not be used in the same sentence. ironic, isn't it, that the name Madonna has been so dragged through the mud. Sign of the times.
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by andreanonymous May 5, 2009 11:38 AM EDT
NICE AIRBRUSHED PIC MADONNA'S PR RELEASED AND FED TO THE PRESS... WHY DID YOU USE IT CBS. THEY PROBABLY PHOTOSHOPPED MERCY'S FACE ON ANOTHER BABY! DO NOT PUT ANYTHING PAST MADONNA AND HER PR!!

HE IS THE FATHER...,MADONNA'S PROPAGANDA IS TRYING TO DISCREDIT THIS GENTLE MAN. THE FAMILY KNOWS HE IS THE FATHER, HE WAS SHUNNED BECAUSE HE GOT THE GIRL PREGNANT, THEY PROBABLY BLAME HIM FOR HER DEATH. SO OF COURSE THE FAMILY IS AGAINST HIM.

HE IS THE FATHER, STOP SAYING SUPPOSED. STOP CATERING TO MADONNA CBS!!

HE ALSO SAID HE SAW PICTURES OF MADONNA AND DOESN'T THINK SHE HAS GOOD MORALS, YA THINK? THE MAN IS RIGHT.

COLLECTIONS ARE BEING MADE IN AFRICA AND THE US TO HELP HIM TAKE CARE OF HIS CHILD. I OFFER AND INITIAL $25 PER MONTH...AND I'M SURE OTHERS WITH MORE WILL HELP PROVIDE FOR THIS MAN WHO IS BEING DEMONIZED BY THE MADONNA MACHINE!!!
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by dennisgreen5 May 4, 2009 7:12 PM EDT
I wish she would adopt me... mommy mommy mommy
Reply to this comment
by YCantWeAllGetAlong May 4, 2009 5:36 PM EDT
Posted by Ndukanachi at 8:30 AM : May 4, 2009
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Thank you for your well thought out and very informative post. The many uneducated posts and information in the story do not provide an accurate look into the culture of this country and its people. Oftentimes people project their own cultural opinions into these unusual and unique situations and it's a shame.

Yes, the article claims the family does not know the man and he's not the father. Well, they didn't say they DID know who the father was. Perhaps due to the mother's death he was shunned because of his social position? I think there is a lot more to this story than is being told. Madonna should be ashamed of herself, as well as all these other rich celebrities taking children away from their birth countries and away from their culture. They act like they are doing so much good. I will say that Oprah's idea with the school is more along the lines of doing good, although I'm sure those girls could face social ramifications as well.
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by bobnjersey May 4, 2009 5:09 PM EDT
["How can he claim he is the father when he hasn't been around all this time?" said Peter Baneti, who explained that the girl was put in the orphanage because there was no one to breast-feed the baby. ]

he wasn't accepted to 'pirate school' ... so he needs to scam some money via adoption extortion.

if this doesn't work ... he's moving to nigeria and be a protege to all the financial 'advisors' there.
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by tibu987 May 4, 2009 2:54 PM EDT
The only people who care what Madonna does are illterate celebrity chasers.
Who else cares?

This is a good example of why the media, printed especially, is hitting all time lows. They have begun to cater to the very people whose opinions border on the inane.
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by johninpennsyl May 4, 2009 1:54 PM EDT
An over-rated hag who goes around the world stealing other peoples kids,because she can and it makes her feel sooo superior.
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by rgraham2 May 4, 2009 1:42 PM EDT
I believe Madonna's heart is in the right place, wanting to adopt an African child, but I sure wish white Americans would think about adopting African-American children right in their hometowns. So many African-American kids are in foster care these days, even tiny babies -- people, please investigate the possibility. Some Black people have issues with whites adopting black kids, and I can see their points, but studies have shown that this type of adoption isn't such a big deal in the lives of most kids and parents. Rod
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by rgraham2 May 4, 2009 1:41 PM EDT
I believe Madonna's heart is in the right place, wanting to adopt an African child, but I sure wish white Americans would think about adopting African-American children right in their hometowns. So many African-American kids are in foster care these days, even tiny babies -- people, please investigate the possibility. Some Black people have issues with whites adopting black kids, and I can see their points, but studies have shown that this type of adoption isn't such a big deal in the lives of most kids and parents.
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