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This is an archive article published on April 3, 2009

Madonna’s adoption bid rejected by Malawi court

Madonna lost her bid to adopt a second child from Malawi after the High Court turned down her application.

Pop superstar Madonna on Friday lost her bid to adopt a second child from Malawi,after a judge turned down her interim application,saying it could open the door to trafficking of Malawian children.

“I must decline to grant the application to Madonna,” Judge Esmie Chondo said in a ruling following a closed door hearing in Lilongwe,the capital of Malawi. The hearing was not attended by Madonna.

“By removing the very safeguard that is supposed to protect our children,the courts by their pronouncements could actually facilitate trafficking of children by some unscrupulous individuals who would take advantage of the weakness of the laws of the land,” Chondo said.

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The newly divorced star,who flew to the African country last Sunday with her children Laudres,Rocco and adopted son David Banda,was expected to succeed in her bid to adopt three-year-old Mercy James,as a sister for her Malawian son despite drawing flak from human rights organisations,the Telegraph reported.

“I must confess that 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 just one child.

However,it should be borne in mind that inter-country adoptions may not be and are not the only solution,” she said in her ruling.

Court registrar Ken Manda told reporters that the application was rejected because the singer was not a resident of Malawi.

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According to Malawian adoption law,the prospective persons are required to stay in the country for at least 18 to 24 months before adopting a child.

The rule was bended for the star when she adopted David Banda in 2006. She had taken the child with her to London though the adoption could only be finalised in 2008.

The interim adoption would have allowed Madonna to take Mercy James with her to New York but now she may have to return empty handed.

There was no immediate comment from Madonna and it is not clear whether she will appeal against the ruling.

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The star,who runs a charity centre ‘Raising Malawi’ in the African country,had earlier received support from the government.

Malawi’s Information Minister,Patricia Kaliati had said,”Madonna has been good to us. She is supporting over 25,000 orphans in this country and she has proved that she can take care of David. Very few rich and famous people can take time to fly all the way to Malawi to support our children. We support her adoption process.”

However,several non-governmental organizations had earlier called the Human Rights Consultative Committee of Malawi,slamming Madonna’s adoption attempt because the groups felt the child should be taken care of by her own family.

The organisations had accused the singer of using her wealth and celebrity status to bend Malawi’s adoption laws.

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