Madonna Wins Adoption Battle

Highest Court In Malawi Says She Can Adopt 2nd Child From The Southern African Nation; "Father" Says He's "Crying"

(CBS/AP)  Madonna can adopt a second child from Malawi, the southern African country's highest court ruled Friday, overturning a lower court decision it said was out of touch with the times.

Chief Justice Lovemore Munlo, reading the three-judge panel's ruling, also said the singer's commitment to helping disadvantaged children should have been taken into account when deciding on Madonna's request to adopt 3-year-old Chifundo "Mercy" James.

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.

Children's welfare groups had expressed concern that rules meant to protect children were being bent because of Madonna's celebrity, and perhaps out of gratitude for what she has done for Malawi, one of the world's poorest and most AIDS-ravaged countries.

A Malawian man claiming to be Mercy's biological father had also objected to the adoption, as CBS News correspondent Priya David reported last month.

James Kambewa, a security guard, says he'd been told Mercy had died in childbirth. The girl's maternal relatives have said they don't believe Kambewa is the father, and his objections weren't addressed in Friday's ruling, which removed all his potential parental rights.

He told David on Friday that the court's ruling had left him in tears.

"I'm crying," he said. "I need my baby. I don't know where I can find any help."

Madonna's lawyer, Alan Chinula, said he called his client after the ruling was announced Friday.

"It's the wee hours of morning in New York, but she is excited at the news," Chinula said. "As her lawyer, I am happy that this has settled this contentious issue."

In a statement issued Friday, Madonna went further, saying, "I am extremely grateful for the Supreme Court's ruling on my application to adopt Mercy James. I am ecstatic. My family and I look forward to sharing our lives with her."

Chinula said he would now turn to arranging a passport for Chifundo, which could take several days, and was awaiting word from Madonna on travel plans for the girl. The adoption may not be final for some time.

Madonna had appealed after the lower court ruled she could not adopt the girl because the singer had not spent enough time in Malawi. The lower court said residency rules had been bent when Madonna adopted her son David from Malawi last year.

The appeals court said that was a narrow interpretation based on old laws.

"In this global village, a man can have more than one place at which he resides," Munlo said in the ruling, which took more than an hour to read in court Friday. "The matter of residence should be determined at the time of application of the adoption. 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."

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 adopted David, who she found at another orphanage in central Malawi.

The girl's 18-year-old mother was unmarried and died soon after she gave birth. Since Madonna moved to adopt the girl, a dispute has arisen between the girl's maternal relatives, who agreed to the adoption, and a man claiming to be her father who said he wanted to care for the girl himself.

Peter Baneti, an uncle reached by phone in his village just outside Blantyre, said the family welcomed Friday's ruling.

"We hope Mercy will be joining Madonna soon," he said.

The chairman of the coalition of non-governmental organizations that had opposed Madonna's adoption efforts said Friday's ruling "disregarded" international agreements on children's rights and adoptions.

Undule Mwakasungula also took issue with the argument that because Madonna has made an investment in the country and has interests there, she could be considered a resident.

"We are a bit surprised but we can't challenge it because the Supreme Court has ruled and we have to go with that," he said.

[summarex]

I can't believe it. What arrogance. This piece of garbage is being allowed to snatch a baby and run with it, even over the objections of the biological father. Where are the human rights activists now that it's one of their friends doing the damage.

I don't know how I navigated to this link, but the passion of peoples comments gave me pause to think. Tehran is in an uproar, our health system is in crisis, gasoline prices continue to climb, yet an article about a "star" (debatable) seems to garner as many comments as an article about things that affect us, in the present and the future.. This whole scenario concerns me as a responsible citizen.

[spiritwalk]

Who the he11 do you think you are?!!!! You know nothing about me and your post is full of LIES. I have not called anyone a racist or white supremicist and I am NOT a racist myself by any stretch of the imagination. You are off the deep end, buddy. Conversation over.
Posted by realnews12
<>

Of course these people who go overseas to adopt are not racists, it is because they cannot find a baby to adopt in the US.

Of course there are thousands of black and Hispanic babies waiting for adoption in the US that nobody ever inquires about. If these people could find a baby in the US to adopt I guess they didn?t look very hard. Americans cannot seem to find these babies to adopt, but people in Germany, France and the Netherlands seem to be able to find them. It?s a pretty sick fact that people from other countries are coming over to adopt American babies to give them a better life and Americans go to buy babies on the 3rd world black market.

If you don?t want an American black baby, but will adopt a foreign black baby, what does that say? Perhaps that black baby from Africa is a little more interesting a conversation piece than a baby from a crack ***** in the American ghetto?

All the while people in Europe are shaking their heads at how many underprivileged American babies there are for them to adopt and Americans are going overseas to buy babies because they can?t find the ones right in front of them.

That is off the deep end buddy and so ludicrous that there is no need for conversation. There is just no excuse for American babies needing people from other countries to come and rescue them from an uncaring and American society of hypocrits.

[realnews12]

And how quick you are to call others racists and white supremists because they point out the hypocrisy of letting your neighbors child go hungry so you can feel superior.

Posted by spiritwalk at 2:16 PM : Jun 14, 2009

Who the he11 do you think you are?!!!! You know nothing about me and your post is full of LIES. I have not called anyone a racist or white supremicist and I am NOT a racist myself by any stretch of the imagination. You are off the deep end, buddy. Conversation over.

[spiritwalk]

To spiritwalk: The self-claimed "father" had never showed any interest whatsoever in caring for this little girl or even seeing her at the orphanage to which she had been abandoned. Relatives of the girl (whose mother is dead) say this man is definitely NOT the father. In any event, your accusations of racism are twisted and sick.
Posted by realnews12
<>
You are a racist, your whole attitude proves it and so does Madonnas.

Of course you believe the version of events as told by the millionaire with the well oiled legal team and the propaganda machine. Which you quiclky downloaed and posted, as they intended you to do. That's why the put it up there.

Of course the father has to be lying! What do you expect from one of THEM?

Have you ever done any research into adoption yourself or do you just parrot the celebrity propaganda mill? Did you know that huundreds of people in Germany and the Netherlands adopt balck American babies every year because Americans dont want them?

And as for American babies with AIDS or crack head mothers; they haven't got a chance at all,
but adopting one of them would take work. Much better to just go buy one on the black market.

You are one of those righteous souls who will totally ignore a half dozen homeless and hungry on the streets of you own city and then thumb your chest and toot your horn because you sent money to Guatamala.

You are a racist because you pick and chose the races you will support, like any other bigot.
You'll pass by a dozen hungry white children in Appalachia to mail you monet to feed a black child in the Congo. And how quick you are to call others racists and white supremists because they point out the hypocrisy of letting your neighbors child go hungry so you can feel superior.

Of course nobody is hungry in America. All children in America go to bed in warm beds with full bellies. They have to or else you just might not feel so all caring and wondeful if you had to imagine that there might be a kid in your town who was sick and hungry and had no hope of any help. The maybe you wouldn't be so perfect.

You are a typical Ameican. You know exactly which groups deserve to be treated better than others and you have no problem calling others racists because thye are not bigoted agaisnt the same groups as you are.

[micheleisfree]

That father (if he is her father) should be thankful some rich celebrity wants to take his child out of that scum-ridden, AIDS-ridden sand shack of a country and give her a better life.

[realnews12]

Madonna co-founded Raising Malawi, a non-profit charity, in 2006 to help the one million impoverished orphans in Malawi. From the organization's website:

"Raising Malawi works to make quality health care - including HIV/AIDS treatments - more accessible to impoverished populations in Malawi. Raising Malawi provides basic health needs through the construction of health facilities, support of government hospitals, and establishment of support groups for procurement of antiretroviral treatments and other drugs.

Highlights

* Over 66,000 children and caregivers living with HIV/AIDS, malaria, or other diseases are receiving life saving treatments through community based organizations, government hospitals, community health clinics, and orphanages.

* 10,000 children and caregivers are receiving regular preventative dental care through Malawi's first community based Oral Health Development Program, co-created by Raising Malawi and Harvard School of Dental Medicine.

* 500 surgical procedures are preformed annually on children diagnosed with cancer, cleft lip, congenital abnormalities, and trauma and burns. In addition, provisions for Malawi's sole pediatric surgeon have been secured."


To spiritwalk: The self-claimed "father" had never showed any interest whatsoever in caring for this little girl or even seeing her at the orphanage to which she had been abandoned. Relatives of the girl (whose mother is dead) say this man is definitely NOT the father. In any event, your accusations of racism are twisted and sick.

[spiritwalk]

These two highly intelligent and successful women, Angelina Jolie and Madonna, have done more IN THE PAST YEAR ALONE to help those who are disadvantaged, neglected, and suffering than you have, or will, in your entire lifetime. They have both EARNED their fortunes and are giving back to try to make the world a better place. What have you done ?
Does it give you great satisfaction to snipe at others who are trying to help ?
Posted by realnews12
<>
Madonna could have helped a hundred children with the money she spent on lawyers in order to have a new toy to bring home.

Madonna could have taken a small part of that money and given it to the father of the child so he could get his child out of the orphanage.

I would like to see what you would do if you fell on hard times and your child had to go into foster care and some rich person from another country came and took your child away to another country against your will. You cannot possibly believe that with a little financial help the man could raise his daughter can you. Not one of THOSE PEOPLE! We all know what THEY are like. If you give ONE OF THEM money for their child they will take it and spend it on
malt liqour, fried chicken and watermellon. They are NOT LIKE US, they have no respect for the vaule of life. It is better that Madonna take the child so IT, wont grow up to be ONE OF THEM.



What it really is though is that all you people who think it is OK for Madonna to go to the 3rd world and take children away from their parents are actually racists. If she was trying to get a white child away from an American father you would be outraged

[enough-already]

Angelina and Madonna, both wealthy (and therefore powerful) women, who know the ins and outs of celebrity and the relationship with the media, could have accomplished their adoptions without anyone knowing about it, but NO: they WANT the attention from the press, it's what their careers are all ABOUT. Do any of you think that these two women were the first to adopt a child from a foreign country? But do the common, ordinary, NON-CELEBRITY citizens who adopt children from foreign countries receive this kind of attention? Of course they don't, no one cares. And no one SHOULD care, it's not our business. Like I said before, this is much ado about nothing, and doesn't deserve to be a news story.

[realnews12]

Their lives appear to be reckless, feckless, and empty; devoid of the tenets of normal society, they spit on the rule followers and seem to be lacking their proverbial moral compass.

Posted by ryenotzinger at 10:45 PM : Jun 13, 2009

These two highly intelligent and successful women, Angelina Jolie and Madonna, have done more IN THE PAST YEAR ALONE to help those who are disadvantaged, neglected, and suffering than you have, or will, in your entire lifetime. They have both EARNED their fortunes and are giving back to try to make the world a better place. What have you done ?
Does it give you great satisfaction to snipe at others who are trying to help ?

[spiritwalk]

Why ? Because she already has one adopted child from Malawi and she wants him to have a sibling from his own country of origin. I think it is a wonderful thing for Madonna to do. It will be good for both these lucky children -- David and Mercy -- to have a sister/brother who shares their ethnicity.
Posted by realnews12

<>

By your logic, then it would a good idea to have parents of the same ethnic origin.

This child was in an orphanage because the father could not afford to take care of it, but wanted to keep the child. Therefore it would have been a wonderful thing for Madonna to do if she had of helped the father financially to support the child instead of spending huge amounts of money to take his child from him and its country of origin.

Madonna could have helped a couple of dozen children with the money she spent on stealing this one child, but of course, Madonna would not have been able to take her purchase home with her.

[ryenotzinger]

Let?s stop the nonsense, stop baiting each other, and speak NOTHING but truth!

The REASON that ?celebs? like Madonna and the tattooed thing that isn?t married to Brad Pitt DO NOT attempt to adopt in ?Australia, Germany, Denmark, Sweden, or Pennsylvania? has NOTHING to do with RACE! (The REAL racists on this board will be disappointed to know that there are ?children of color? in ALL of those countries (and state) that need adoption.

Civilized nations (and states) do not sell babies to unstable, uneducated, demanding, spoiled, morally-challenged celebrities who live gypsy lifestyles, leave their children with hired help, are not emotionally stable, change partners without qualms, and who are accustomed to buying what they want!

Consider that the tattooed wonder didn?t even finish high school. She and Madge have lived hard lives in ?show business? with short marriages, numerous affairs, and children out of wedlock. They are even alleged to share the same lesbian lover. Their lives appear to be reckless, feckless, and empty; devoid of the tenets of normal society, they spit on the rule followers and seem to be lacking their proverbial moral compass.

[ryenotzinger]

When a celebrity acts, sycophant fans do not hold them to ANY standards!

Those who are MOONING over how WONDERFUL it is that David and Mercy will be ?brother and sister? because they are from the same country (STUPID reason) are not using their brains (if they have any).

David and Mercy are male and female, the same age, not related, and living together, sharing spaces, etc. In a ?western? adoption, this would BE A PROBLEM, but idiots like Madonna are too stupid to think past their willful wants of today, and their fans are incapable of adding two and two.

Creeps like Madonna are so pathetically ignorant that they don't understand the reason behind rules or why rules are in place in the first place. This ultimately hurts the children; but then, who cares about anybody but the celebrity?

[SusanStoHelit]

1 million children, living where they are not guaranteed the most basic food, shelter, medicine - and forget about an education. If I was adopting - I too might look for the child most in need, rather than the one closest to me.

Her charity work there is a wonderful thing, and I'm glad she was able to adopt this child and others. She is committed to that country - where she happens to live different times of the year is not really the issue. That 'father' - the courts don't think he's the father, the maternal family doesn't think so, and he's never acted as a father to the child (had he been a true father, he'd have been there at childbirth) - I think he's just a moneygrubber looking for a payout.

[enough-already]

Much ado about nothing. Seriously.

[realnews12]

Arent we suppose to help our own first?

Posted by milspouse at 12:57 PM : Jun 13, 2009

Each person can choose for themselves who they wish to help. Just help someone in need, instead of all you people complaining about others who are trying to help.

[realnews12]

Why does she need to go all the way to Malawi to adopt? I am sure there are a lot of black children in this country to need a good home.

Posted by Janeykins at 3:24 PM : Jun 12, 2009

Why ? Because she already has one adopted child from Malawi and she wants him to have a sibling from his own country of origin. I think it is a wonderful thing for Madonna to do. It will be good for both these lucky children -- David and Mercy -- to have a sister/brother who shares their ethnicity.

[spiritwalk]

This person absolutely meant what was implied, bigoted innuendo, and you KNOW IT, and everyone knows it. Stop being obtuse and be real with yourself for a moment. This was a racist statement. This cretin is mad because Angie and Madonna adopted children of color, non-Europeans. Why would you stick for for a dumb question, did you write it?
Posted by dinalee2

<>

Why dont you just point out the exact passage that person used that in any way was a racist comment. They said that Madaonna should think about adopting a child from a counrty where she lives and not go overseas to buy a baby. That is all.

You are the bigot of you judge them for any other reason than what they say and when I know perfectlt well that your bigotry labeled them as a whitetrash cracker or neo-nazis as you probably do with anyone who disagrees with you. And if those words flow from your lips all too easily then perhaps you are the one who is the racist and not them.

[milspouse]

So if she is doing such good work, why not adopt a child from her own country who is in need of a home or go down south to Mexico? Whats is wrong with those poor children that Madonna cant seem to make it that way? Arent we suppose to help our own first?

[boltfan760]

*** Why Dosent Madonna Adopt A Child From America....You Know An AMERICAN????
Why Is She Kidnapping These Kids From There Poor Parents...She's Not A Saint She's A Evil Horrible Witch That Needs To Be Stopped....