Malawi adoption bid has beenlost by Madonna

A Malawian court has ruled that US pop star Madonna has failed in her bid to adopt a second child from the country.

"I must have to decline to grant the application to Madonna," judge Esmie Chondo said in a ruling following a closed-door hearing on Friday.

According to reports, the application has been rejected over residency rules.

Madonna, who flew to Malawi on Sunday, was not in court to hear the ruling over Chifundo James, three. It is not clear if she will appeal against it.

The 50-year-old singer applied to adopt Chifundo James, whose name translates into English as Mercy, on Monday.

Had her application been successful, Chifundo would have been a sister to David, the first child she adopted from the African country, and her biological children Lourdes and Rocco.

Chifundo is in the same orphanage that previously housed David, now three years old.

Concerns

The Associated Press news agency said Madonna's application had been rejected because of a requirement that prospective parents be resident in the southern African state for 18 to 24 months.
The rule was waived in 2006 when Madonna was allowed to take her adopted son, David Banda, to London before his adoption was finalised in 2008.

According to Agence France-Presse (AFP), however, the judge also voiced concerns about the potential ramifications a ruling in Madonna's favour might have on adopted children's human rights.

"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," she is quoted as saying.

The judge also noted that Chifundo had been placed in one of Malawi's best orphanages and no longer suffered the severe poverty endured after her mother died in childbirth, AFP said.

"It is evident that Chifundo James no longer is subject to the conditions of poverty at her place of birth," she reportedly added.

Fast-track accusation

According to court papers just released, Madonna had said she was "able and willing to securely provide for Chifundo James and make her a permanent and established member of my family".

"To deny Chifundo James the opportunity to be adopted by me could expose her to hardship and emotional trauma which is otherwise avoidable," she continued.

However, Madonna's efforts to adopt the three-year-old attracted criticism from some parties who said the little girl would be best off with relatives.

The performer was also accused of using her fame and money to fast-track the adoption process, a charge refuted by her spokeswoman Liz Rosenberg.

Madonna was represented in court by her lawyer, who did not speak to reporters as he left the court.

The singer first travelled to Malawi in 2006 to film a documentary in the country.