Update: Madonna's adoption of David Banda approved

Update: The adoption was approved earlier today in Malawi. A lawyer for Madonna told the press,

Finally the court has granted Madonna full adoption rights of the boy … It’s all over, thank God.

Update May 15th: Reuters is reporting that today’s hearing has been postponed, after a Malawian governmental agency issued a report which expressed concerns about the legality of the adoption.  The Human Rights Commission (HRC) specifically cited laws that require an adoptive parent to live in Malawi for at least 18-months in order to be considered a resident, and residency is a prerequisite to a legalized adoption in the tiny African nation.  Other issues are raised in the document, a copy of which was obtained by Reuters. 

In a statement, an attorney for Madonna told the news service that he is "confident that the adoption will go through because my client has met all the requirements and the government is satisfied that she qualifies."

Contrary to earlier reports, Madonna did not travel to Malawi for today’s planned hearing.  It is not yet known when Malawi’s High Court will issue a final decision in the case.

Click below for the original post.

Originally posted May 12th:  The biological father of David Banda, the 2 ½-year-old Malawian toddler who has been living with Madonna and her husband Guy Ritchie since 2006, says he will not stand in the way of his son’s adoption.  In an interview with Reuters Television, Yohane Bandasaid that while he gives David’s would-be adoptive parents his blessing– he’d still like to have occasional visits with his son, on his homesoil of Malawi.

We had agreed initiallythat when the child is taken, she should bring him at least once inevery three to four years so that we should see how he is developing… [But] I have no problem with the government’s recommendation toallow Madonna to get the child. This is what I wanted, that Madonnashould keep the child.

In seeming agreement is the Human Rights Consultative Committee (HRCC), which had been a vocal opponent of David’s adoption.  Udule Mwakasungura, HRCC Chariman, said that pursuing the case would be "a waste of time and resources." 

Madonna is expected in Malawi tomorrow, in anticipation of a hearingon Thursday that will formalize the adoption. Although it is unclear atthis time whether David will accompany her on the trip, Yohane said heis hopeful for a meeting, telling Reuters "if she comes with the child … we expect to be told that the child is here and we are allowed to see him."

Source:  Reuters; AFP; Photo by Splash News

Comments

Congratulations Madonna!!! I’m glad David’s adoption process is coming to an end.

I believe the Malawi government has behaved quite badly in these whole proceedings and David’s biological father is being used as their pawn.

I believe David will have a good life with Madonna and Guy and I believe she loves him immensely.

- sheba on May 12th, 2008

While I am glad that this particular adoption will be finalized and that David’s long term future has been secured, I do not think the Malawi government did anything wrong here.

Their laws regarding foreign adoption are pretty murky, due to the desire to keep the children within their borders and within their culture. Madonna knew this prior to pursuing this adoption and decided to pursue it anyway. She went into this knowiing full well it might be difficult.

- Kate on May 12th, 2008

I’m glad the adoption will be finalized but what I don’t understand is that why would you adopt a child that still has a parent when there are millions of orphans in the world?

- Sarita on May 12th, 2008

I’m happy for Madonna, but most of all for little David. It is very disturbing to me that his father of all people, keeps calling David “the child”…that speaks VOLUMES to me.

I find it also very strange that he fought very hard to try to keep him, but yet doesn’t call him by name. Is that a cultural thing I’ve not heard about?

At any rate, this little boy will have many advantages with his new family and Madonna seems to love him wholeheartedly. I’m sure he’ll be a happy, well adjusted kid.

- TracyG on May 12th, 2008

David was in an orphanage, Sarita. His father gave him up. Therefore,Madonna didn’t do anything wrong and I wish people would stop acting like she did. David was sick when she started the adoption process and she got him help. I don’t understand how she gets the blame even though Guy is also part of the process but no one seems to mention him. I just think people have something against Madonna and use this adoption as something to justify not liking her.

- Renee on May 12th, 2008

Renee, I wasn’t saying she did anything wrong and I am happy he was adopted by a family that has the means to care for him. I am also happy he is no longer in an orphanage and happy for him that he was adopted.

I was just saying that if you want to adopt a child it seems more logical to adopt one without parents alive. Because it means there are less strings attached that way, ie him/her wanting to see the child.

- Sarita on May 13th, 2008

Many children in orphanages have bio parents who are alive. Some children have been abandoned, some have bio parents who officially terminated their parental rights. Just because a child is in an orphanage doesn’t mean that their bio parents are deceased.

- paula on May 13th, 2008

Isn’t this what happened/happens in China. All those baby girls who have been adopted by US parents by the droves in the past 20 years have parents who are alive. Weren’t most of these Chinese baby girls who were sent to orphanages simply abandoned because they weren’t boys? I don’t think the prerequisite for adoption should be, both parents should be dead.

I believe the Malawi government was trying to “scare” more money out of Madonna. I believe the so-called father wants to benefit from being acknowledged the father without having to do the “heavy lifting” and I believe to get money from Madonna by using this adoption as leverage. I know how these types of countries operate and belive me they are very cut-throat and money-grubbing when it comes to brokering children.

I’m sorry, forget all this maintain a cultural identity-nonsense when you have an entire country ravaged by AIDS and poverty with no way of taking care of 1 million abandoned children. It makes me sick that adoption agencies and governments would rather see sick children lanquish in orphanages and foster care rather than give a Black baby to a White couple or a Latino baby to a Black couple or a disabled baby to Gay couple because they are trying retain the childs cultural trappings.

- sheba on May 13th, 2008

wow…
the Human Rights Commission is opposing this adoption? For real?

would they rather have her not adopt David?

instead of making a big stink about this, it seems like there are a lot of other more important humanitarian crisis in the world (hello burma) that would be a better use of their time, money and efforts.

- fuzibuni on May 15th, 2008

I’m not surprised that things have come up – while I’m glad David has a family now, Madonna doesn’t meet all the requirements to adopt a Malawian child, and that’s going to cause problems. She’ll get him in the end, but she should be having difficulty – her being famous doesn’t mean it’s okay to not follow proper procedures.

- Nicole on May 15th, 2008

The fact that the Human Rights Commission is getting involved is pretty shady. Are they trying to use Madonna’s fame to use her as an example? David’s bio father has approved the adoption and there is no evidence that David is not receiving anything but the best of care and love. Madonna left Malawi with the permission of the government, so she was well within her rights. in my opinion the HRC has bigger things to worry about.

- Sarah on May 15th, 2008

I totally agree with Nicole!

About a year before Madonna adopted little David, I had actually investigated the adoption laws in Malawi. It was pretty clear that you had to be a resident there for 18 months, ‘fostering’ the child during this time. It was with great surprise that I learned of her adoption, as she clearly didn’t meet these requirements.

- KrisMar on May 15th, 2008

When did David’s father fight hard to keep him? From his words he has always approved of the adoption.

- terri on May 15th, 2008

sheba – you hit the nail on the head. I’m appalled that people/governments would rather turn down prospective parents for these children based on race and/or ethnic background.

My application to adopt from China was rejected because I’m black, yet there are still babies languishing in orphanages/foster care waiting to be adopted – if they ever are. So I have personal experience with this situation and I believe a good parent is not based on the color of someone’s skin, how much money they make, their sexual orientation, or their educational background.

Thus it saddens me when I see that even today, children continue to suffer due to the ignorant beliefs of the people running these programs.

I hope that Madonna’s (and Guy’s) adoption of David is finalized soon. They really seem to cherish him and I think he needs to know that he is finally their child and will not be taken away from them. He might be too young to understand that, but who knows what impressions he’s getting with all the issues surrounding the adoption.

Anyway, I’m happy for them and am looking to see the end of this adoption tug-of-war!

- Yella on May 15th, 2008

Just to clarify, the Human Rights Commision refered to is not the United Nations Commission on Human Rights (UNHCR) but the Malawian Human Rights Commission. I am quite sure that the UNHCR has better things to do, as many of you put it

- MiB on May 16th, 2008

That’s really horrible. They don’t allow blacks to adopt in China? Have you had any success adopting elsewhere?

- terri on May 16th, 2008

Sheba, Renee – I think you made great points. I couldn’t agree more. I don’t get all the comments here accusing Madonna of thinking it would be easy, that she’s getting her just desserts for this being difficult….I haven’t read a single thing that suggests she wanted special treatment. every article I’ve read she’s been quoted as saying that, yes, it’s been a difficult adoption and she hopes it’s all resolved soon. Um, have you ever talked to an adoptive parent? Nearly 100% would say the same thing! Adoption IS difficult, no matter what country. There is endless paperwork, court hearings, anticipation, anxiety, etc. She sounds like any adoptive parent to me…not a spoiled celebrity. She’s done everything this country, who have crappy, undefined rules…has asked of her. I think people complaining about this just don’t like her. I guess if you had your way the children would just languish in the orphanages while their AIDS-stricken parents die heartbroken that no one has stepped in, or fought for their children’s health and happiness.

- Ellen on May 17th, 2008

Congratulations to Madonna & Guy and the family. Adoption is a long and challenging process in the best of time. This one was especially challenging. I hope David has a long and happy life as a member of the Richie clan.

- loveliason65 on May 28th, 2008

oh my!!….i was just reading up on all the turmoil madonna had to go through to get to this point. how proud david will be when he is old enough to realize….his momma fought for him! im so happy for this family.

- gigi on May 28th, 2008

most children adopted in the USA have parents who are alive.

Madonna knew going in that it would be very difficult to adopt from this country. She was warned several times(as she admitted on Oprah). The reason it would be so hard is that there was no laws concerning adoptions by foreigners. When a person goes to adopt from another country, Malawi is not on the list of countries who allow adoptions. Madonna was headstrong as usual(some may say arrogant, some may say just very determined and passionate) she saw David, she felt a connection, she wanted to help him.

No matter now..the important thing is that David is much much better off now being adopted by Madonna and Guy. He will have a wonderful life. That is the most important thing.

- candie on May 28th, 2008

While I am glad things turned out well, and David is much better off with Madonna than in an orphanage, one thing bothers me.

Adopting from a foreign country is hard enough even when you follow the rules and try to adopt from countries that actually ALLOW foreign adoptions. Having a rich celeb come in and demand that a country make new laws because she took a liking to a toddler in one of their orphanages makes me a bit concerned.

I hope this wont discourage other countries from allowing foreigners to adopt, or dissuade other families who want to adopt.

- theo on May 28th, 2008

This seems to be a complex issue. Madonna has proven to be a fabulous mother and David is in good hands.

- carla at somethingaboutbaby.com on May 28th, 2008

Congratulations to Madonna and Guy! It must be a big relief to have this ordeal ended.

- Kaley on May 28th, 2008

Good for Madonna and Guy. And good for David. He looks like such a sweet little boy.

If a rule or law is wrong it should be changed. Period. Slavery was the law of the land in the US and people fought, died, were injured and lost friends and family to change a law that was wrong. Archaic, biased, non-sensical, even dangerous adoptions laws should be changed and that change should be fought for by all people.

Good for Madonna for fighting the “good fight” and not backing down.

- sheba on May 28th, 2008

I’m glad the adoption was finally finalized. I hope this is a step in the right direction for Malawi and that clear [international] adoption rules are established as a result. They have more than a million children in their orphanages that will probably never be adopted under their current laws, it almost seems cruel to leave those children without a hope. Madonna is supporting several orphanages and is starting an Academy for girls, I’m glad she’s taking steps to keep Malawi a part of David’s life and to be catalyst for change there. Good for all involved.

- Lilly on May 29th, 2008

Congrats on the adoption. David is cute, I luve his cheeck.

I agree w Lilly.
I hope as a result of this they enact international adoption rules. If the current laws say Madonna had 2 be a Malawi resident/visitor 4 18mo, then she shoould have been.( She did spend time there for her documentary after all) .This she didnt follow so I do understand the HRCC & other group’s oppostion.

- csc on May 30th, 2008