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Madonna's Malawian Adoption: Appeal to The Supreme Court


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I read a dutch article that said a lot of dutch couples could adopt from the little town in malawi where M wanted to adopt mercy and they only had to stay there for five weeks. not 18 months. the law is very old and the judge was conservative. if she wouldn't have paid attention to the human rights organizations that criticized the adoption or didnt know she was famous, she'd have been allowed to adopt. :(

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http://www.sindhtoday.net/world/85251.htm

London, April 10 (IANS) Pop superstar Madonna wants to build a home in the African country of Malawi though her application to adopt three-year-old Mercy from the country has been turned down.

Madonna’s attempt to adopt was denied last week as she had not lived in the country for 18 months. So now she is having architects come up with plans for a house there and believes it will be good for her other adopted son David Banda to reconnect with his birthplace, reports thesun.co.uk.

A source said: “Madonna has a big, beautiful plot of land over there already. She’s planning to build a girl’s school in the Chinkhota village and those designs are well under way. But she’s gone back to the designers and asked if they could accommodate a family home on the plot or on adjacent land.”

Go Madonna!!!! :thumbsup:

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Mel B praises Madonna

Los Angeles - Mel B has praised Madonna's adoption bid.

The former Spice Girls star admires the 4 Minutes singer's failed attempt to open her home to four-year-old Malawian girl Mercy James.

She said: "It's easy for critics to knock celebrities who choose to adopt, but it's a good thing that Madonna's doing. Not only is she highlighting the plight of orphans in Africa, she's also giving this little girl the chance of a better life."

Madonna - who has 12-year-old daughter Lourdes, eight-year-old son Rocco and David, three, who was also adopted from Malawi - has been forced to return to Britain without Mercy after an African court rejected her bid to adopt last week because she had not lived in Malawi for the legally-required 18 months.

The 50-year-old singer has now left the country while lawyers prepare their bid to appeal the decision on her behalf.

Mother-of-two Mel - who has two daughters Phoenix Chi, 10 and Angel Iris, two - also revealed she would have considered adoption if she hadn't been able to have biological kids.

She said: "Personally, because I can have children naturally, adoption isn't something I would consider. But if it was a struggle to have a child naturally then I'd be all for adopting. What struck a chord with me is that Madonna plans to keep the child in touch with her roots in Africa. I don't think it matters where a child comes from - it's about giving a baby or a child a family, love and a fresh start."

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Guest joliepast
So the only way she can adopt is if she lives in Malawi for 18 months? Or is it ANYWHERE for 18 months?

obviously it has to be in MALAWI not anywhere cuz, anywhere could imply london or Newyork

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Daily Mail

Madonna's Mercy in hiding as furious family fight to keep father away

By Barbara Jones

Last updated at 10:33 PM on 11th April 2009

article-1169326-0468153C000005DC-848_468

Out of sight: Madonna has ordered staff to 'shield' Mercy from her father James Kambewa

article-1169326-0468150B000005DC-507_233

Sudden interest: Mercy has never met her natural father, who abandoned her mother when she was pregnant

article-1169326-046813A5000005DC-904_468

Natural father: James Kambewa

Mercy James, the four-year-old girl from Malawi who Madonna is hoping to adopt, has gone into hiding on the singer’s orders after the girl’s father came forward, saying he wanted them to be reunited.

Staff at the Kondanani children’s home, where Mercy has been living, said Madonna had told them to shield the child from James Kambewa, who is believed to have spent the past week attempting a reunion with his daughter.

Mercy is believed to have gone to a secret location with a carer from the orphanage.

Madonna, who is said to be distraught at having to leave Mercy in the country after her adoption application failed, has instructed lawyers to ‘do everything possible’ to appeal against the judgment.

The case will be heard after Malawi’s Easter break, which ends on April 20.

Meanwhile, the appearance of 24-year-old Kambewa has outraged Mercy’s family.

Her grandfather Saxon Maunde, a poor farmer who travelled from his remote rural home to Kondanani on Friday, recalled how Kambewa had fled the town of Thwonde after his daughter Mwandida, a 15-year-old schoolgirl, became pregnant.

Mr Maunde said: ‘We cannot believe this boy is coming forward like this. We are very suspicious of his reasons, especially as he has caused our family so much heartbreak in the past.

‘When my precious daughter became pregnant we were so disappointed with her. She had been doing well at school and we had to take her away from her studies.

‘There was disgrace for us in the pregnancy, but this boy could have made things acceptable by marrying her and taking responsibility.

‘Instead, he denied he was the father. He was a coward who ran away.

'When our daughter died after Mercy was born, this wretched boy sent no message of condolence. He is the last person we want to see now'

Kambewa is now living in Blantyre, the country’s second-largest town, where he works as a night watchman. His paternity claim has been attacked by representatives for Madonna.

Alan Chinula, the singer’s lawyer in Malawi, said: ‘We are more determined than ever to persuade the courts to let Madonna adopt Mercy. We have heard that a young man is claiming he is her father and wants the child, but he has not contacted us and we will not entertain his claims.

‘As the father of an illegitimate child he has few rights and in our culture he is considered an outcast in society.’

Simon Chisale, Mercy’s legal guardian and director of Malawi’s Ministry of Women and Child Development, said: ‘I have spoken to the girl’s immediate family and they want nothing to do with this James Kambewa.

‘He has not approached me and I understand he has in the past rejected this child.’

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Madonna Makes Adoption Plea to Malawi Newspaper

Madonna opens up about her failed attempt to adopt 3-year-old Mercy James in a new interview.

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

Madonna, 50, continued: "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."

Judge Esimie Chombo turned down the singer's adoption application because she didn't meet the country's 18 to 24 month residency requirement.

Her lawyer Alan Chinula confirmed to Us earlier this month she filed an appeal.

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Madonna Makes Adoption Plea to Malawi Newspaper

Madonna opens up about her failed attempt to adopt 3-year-old Mercy James in a new interview.

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

Madonna, 50, continued: "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."

Judge Esimie Chombo turned down the singer's adoption application because she didn't meet the country's 18 to 24 month residency requirement.

Her lawyer Alan Chinula confirmed to Us earlier this month she filed an appeal.

nice article but i think she sounds very vulnerable but i do hope the appeal will turn out to be in her favor.

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http://perezhilton.com/2009-04-13-mercy-go...comment-3659837

Mercy Goes Into Hiding! Her Grandfather Speaks Out

Filed under: Madonna > Baby Blabber > Legal Matters

As we mentioned previously, Madonna's attempt to adopt little Mercy from Malawi was denied.

Mercy's biological father is now trying to get back into the picture. And it seems Madge isn't have any of it!

In fact, Mercy has now gone into hiding, apparently at the request of Madge, now that the biological father, 24-year-old James Kambewa, wants to get reunited.

Staff at the Kondanani children’s home are cooperating with Madge and Mercy is believed to have gone into hiding at a secret location with someone from the orphanage.

Mercy's maternal grandfather, Saxon Maunde, a poor farmer in Kondanani, also spoke about the biological dad Kambewa, who left Mercy's mom after she became pregnant at 15-years-old and he fled the town to avoid responsibility.

Grandpa says:

"We cannot believe this boy is coming forward like this. We are very suspicious of his reasons, especially as he has caused our family so much heartbreak in the past. When my precious daughter became pregnant we were so disappointed with her. She had been doing well at school and we had to take her away from her studies. There was disgrace for us in the pregnancy, but this boy could have made things acceptable by marrying her and taking responsibility. Instead, he denied he was the father. He was a coward who ran away. When our daughter died after Mercy was born, this wretched boy sent no message of condolence. He is the last person we want to see now."

And Madge's attorneys in Malawi are fighting back, adding "We are more determined than ever to persuade the courts to let Madonna adopt Mercy. We have heard that a young man is claiming he is her father and wants the child, but he has not contacted us and we will not entertain his claims. As the father of an illegitimate child he has few rights and in our culture he is considered an outcast in society."

So sad.

Madge's case is scheduled to be heard again on at the end of this month.

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Madonna 'depressed' over failed adoption

Friday, April 17 2009, 12:55 BST

By David Balls, Entertainment Reporter

Madonna is reportedly depressed after her application to adopt a Malawian girl was rejected.

The 'Miles Away' singer has allegedly stopped eating and exercising after a court ruled against the adoption of four-year-old Mercy James.

"She has abandoned her strict macrobiotic diet and is virtually eating nothing. She has even stopped training since she returned from Malawi and seems to be in a trance a lot of the time," a source told The Express.

The star is said to have lost 5lbs since returning to London and is struggling to control her emotions in public.

"Madonna attended a Passover dinner in London held by members of her Kabbalah faith and broke down in tears about Mercy," the source added.

"She looked wiped out, telling guests she felt weak from lack of sleep and exercise. She said she felt too low to train which, for her, is unheard of."

The 50-year-old star reportedly shared a tearful phone call with ex-husband Guy Ritchie and has vowed to appeal the court's decision.

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  • 3 weeks later...

Madonna adoption case heard amid paternity dispute

BLANTYRE, Malawi – Malawi's highest court began deliberating on Madonna's bid to adopt a 3-year-old girl from the southern African country, as a dispute erupted over whether a man trying to stop the proceedings is the girl's father.

Madonna was not 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 had not 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.

On Sunday, a man told The Associated Press he was the girl's father, and has sought help from the Malawi Law Society to stop the adoption.

James Kambewa, a 24-year-old a security guard, acknowledged he has never seen the child, who according to court documents was placed in the orphanage when her 14-year-old mother died a few weeks after giving birth to her.

But Kambewa said he now wanted to claim custody of Chifundo.

"I may be poor, but I think I have what it takes to raise a daughter," he said. "I will fight the adoption."

The brother of the girl's mother told the AP the family does not 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."

Madonna spokeswoman Liz Rosenberg said in an e-mail message she doesn't know if Kambewa is the father.

"All I know is that Mercy has been in an orphanage since the day she was born," Rosenberg said.

Kambewa, in an interview to be aired Monday on CBS' "The Early Show," said he has only seen the girl "in newspapers and TV — not face to face." But he told CBS the girl "is a Malawian — so (I) need her to grow as a Malawian as well with our culture."

On the show, Kambewa wore a necklace bearing the girl's name.

Madonna has founded a charity, Raising Malawi, that helps feed, educate and provide medical care for some of Malawi's more than 1 million orphans, half of whom have lost parents to AIDS.

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As the hearing on Madonna's adoption appeal gets under way in Malawi, the family of the girl at the center of the controversy – 4-year-old Mercy Chifundo James – rejected efforts by the child's apparent biological father to claim her.

"He said he wanted to make peace with us. He said he wanted to be allowed to take care of his child, but we laughed him off. Where was he all this time?" said one of Mercy's uncles, Peter Baneti.

The father, James Kambewa, visited the girl's clan Saturday in the mud-and-thatch village outpost of Zaone, in the eastern district of Zomba. He was accompanied by his aunt, a man and another woman, the uncle said.

Baneti had signed the adoption papers that would have allowed Madonna to call Mercy her daughter, but the southern African country's High Court rejected the pop singer's efforts. On Monday, Madonna's appeal was adjourned until 1 p.m. local time because John Gulumba, a lawyer appointed by Eye of the Child – a child-rights organization that is against the adoption – filed his court papers late.

'Has No Case'

On Saturday, Kambewa brought his concerns to the family's village, but, according to Baneti, a local chief said "James has no case since if he wanted to have anything to do with the child he should have been there even after his girlfriend died."

In an interview airing Monday on CBS's The Early Show, Kambewa said he is "capable of taking care of my baby" and that Mercy needs "to grow as a Malawian ... with our culture."

Mercy, whose teenage mother died after her birth, is living at Kondanani Children's Village in the town of Bvumbwe. Madonna first met her in October 2006, the same time she found son David Banda at a different orphanage.

Kambewa , who has said he's ready to undergo a paternity test, is scheduled to meet a lawyer from the Malawi Law Society on Monday, said Mercy Mulele, the law group's secretary general. Eye of the Child, a child-rights non-governmental organization, also wants to weigh in.

But Baneti holds strong in his belief that Kambewa has no place in Mercy's life. He told PEOPLE: "This boy is a joker and we told his delegation never to waste our time again."

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Guest joliepast
Did anyone watch CBS this morning?

they suck...I am sorry to go out of your way....uugh!

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Did anyone watch CBS this morning?

You better don't.. they're obviously not on Madonna"s side, feeling sorry for the poor african family that has to give away their child to a rich celebrity. But that's not all, they also give the impression it's better to stay in the poor country than in a rich one. the tone they set is awful. they're not even really talking about the adoption, it's a contest, its a show, the poor man against a selfish wealthy celebrity. not a woman, not a mother, a celebrity. :thumbsdown:

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"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."

http://www.knx1070.com/Alleged-Biological-...Madonna/4324644

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This doesn't look good. Even with all the controversy around David, at least his biological father never made a claim for him.

If this man does indeed turn out to be Mercy's biological father (which is easy to prove, even if Ms. Rosenberg protests too much) then the chances of Madonna getting Mercy are close to nil. A biological parent wanting their child trumps everything.

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I wish she would have went to Malawi and attended the court hearing. I know she has a tight schedule, but judges like you to be in attendance or they take it that you don't care.

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LILONGWE (Reuters) - Malawi's Supreme Court of Appeal adjourned indefinitely on Monday a case in which Madonna is attempting to adopt a second child from the African country.

Malawi's High Court ruled last month the U.S. pop star could not adopt a four-year-old girl, named Mercy James, because she was not a resident of Malawi. She appealed against the ruling.

Malawi's government came under fire after Madonna adopted a 13-month-old child, David Banda, in 2006, with critics accusing it of giving her special treatment by skirting laws that ban non-residents from adopting children.

(Reporting by Mabvuto Banda; editing by Robert Woodward

http://uk.reuters.com/article/topNews/idUKTRE5433RB20090504

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I wish she would have went to Malawi and attended the court hearing. I know she has a tight schedule, but judges like you to be in attendance or they take it that you don't care.

I'm a lawyer and that's not true when you're dealing with an appeal. Clients rarely attend appeals. Appeals are based on legal arguments, and not on anything factual that the client could contribute to. The appeals court doesn't challenge the factual findings of the lower court. There's no presentation of evidence in an appeal, just lawyers reciting the law. The judges only care what the lawyers say about the law, not whether the client is there. Judges figure if the client didn't care they wouldn't go through the expense of an appeal.

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