Madonna Still Hopes to Adopt 3-Year-Old Mercy

Tom Munro/AP

Madonna wants her children to give back –- and says that son David Banda and the 3-year-old Malawian girl, Chifundo “Mercy” James, whom the star still hopes to adopt, “will one day return to Malawi and help the people of their country.”

While a Malawian judge rejected Madonna’s petition to adopt Mercy earlier this month over a residency requirement, the star’s lawyer has filed an appeal and Madonna, 50, told the Malawian newspaper the Nation in an email, “I want to provide Mercy with a home, a loving family environment and the best education and health care possible.”

No appeal date has been set. In a statement from her rep to CNN, Madonna further stated, “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.”

In turning down Madonna’s request to adopt, the judge admitted she had “a gripping temptation” to approve it, according to court records. The jurist feared, however, that such a move might open the doors to child trafficking. “Anyone could come to Malawi and quickly arrange for an adoption that might have grave consequences on the very children that the law seeks to protect,” wrote Justice E.J. Chombo.

Madonna is also mom to daughter Lourdes Maria, 12, and son Rocco John, 8 ½.

Source: PEOPLE

– Stephen M. Silverman

Comments

What Madonna said is interesting because that is exactly what Angelina Jolie said, that Zahara would return to Ethiopia when she gets older to take over an establishment that she and Brad started there. While I think its a beautiful thought, I don’t think children should be adopted to later be advised/forced to go back to the countries where they were born to “help”. The children of these celebrities should be allowed to follow whatever path they desire, and to make plans in a childs name when its this young feels a little bit unneccesary.

- marie on April 14th, 2009

The more I read about this adoption, the more I am convinced that the judge made the right decision when he denied Madonna’s adoption petition. The biologial father has indicated that he wants custody but the grandparents and some other relatives are in favor of the adoption. I can’t believe Madonna, knowing the family dynamics would continue to pursue the adoption.

This judge has a lot of integrity. Given the millions Madonna has poured into Malawi it would have been easy to approve her request but he did the exact opposite and his reasoning made sense to me.

There are other countries where Madonnna can adopt so I do not understand which she is so fixated on Malawi.

- Di on April 14th, 2009

I think it’s a shame for the court to hold this child’s future in limbo. Countries do have rules, however, shouldn’t the standard be the best interests of the child? No one can argue that this child’s life and future wouldn’t be saved if Madonna adopted her.

- LaKesha on April 14th, 2009

Madonna said that about young David, but yet she’s made no provisions ahead of time to make sure he knew the language and culture. His father said they needed a translator. To me, that shows she is not being genuine with her promises. Angelina may have have said it, but all her children do speak their native languages(with help from tutors).

I plan on adopting a child and they will know thier culture, and I hope they do decide to help their native country even in a small way. The same way I try to help mine(America). If I can afford it my child and I will spend summers and breaks in their native land. I feel like its fair.

- Bieta on April 14th, 2009

and I’m really sick of people treating Madonna like she’s messiah, come down to save the little children. Mercy is in a good orphanage, with family that still come to see her. Aside from knowing she’ll be physically taken care of, no one knows what her treatment will be like. A lot of kids seems well-adjusted but aren’t happy. Joan Crawford’s children look well adjusted and happy too. I’m not saying that Madonna is joan crawford, but all we have are pictures and sources. None of us know her, or her mothering skills but because she has money some feel like that’s enough reason.

- Bieta on April 14th, 2009

There is no doubt that she could give Mercy a great life; BUT she shouldn’t be given a child just for her good deeds in that country and its the safety of the children as a whole; I agree with what the judge said; they are trying to protect the children against child-trafficking. Wanting to give David a sister from his native country sounds sweet and makes sense to me but regardless she should follow the same guidelines as others trying to adopt children.

- kelsey on April 14th, 2009

A loving family environment? Hahahahha! Sorry I got carried away.
Isn’t she going through a divorce?

- Terri on April 14th, 2009

From what I read in other papers, the father didn’t even know the child was alive. People in her family told people he knew that the mother and daugther died in childbirth. It was only when the child and the mother’s name was announced on TV did the Father realize his daughter was still alive. He said he had to flee his village because the family of the daughter hated him and threatened harm to him.

- Kate on April 14th, 2009

Madonna is behaving as if the judge said that she could NOT have this little girl. The laws have been clearly explained. If Madonna is as attached as she claims, she will do what is necessary to be in compliance. She has more than enough money to make this adjustment in lifestyle for 18 months.
I do applaud this judge do stick to her judgment under what I can imagine must be enormous pressure.

- SweetDiva on April 14th, 2009

I think it’s great that she is still trying to adopt this child. She obviously cares a great deal about this child and the people of Malawi and wants to do good. I just don’t understand when Angelina Jolie bends the rules to adopt a child (adopting Pax as a single parent when she is not a single parent, but since Vietnam doesn’t allow common law adoptions, she had to lie) everyone praises Saint Angelina for her “good deeds” but when Madonna attempts to adopt a child, she is accused of kid collecting and the like.

- Mary-Helen on April 14th, 2009

Angelina is unmarried therefore single. Do you honestly believe that the adoption officials didn’t know she was in a relationship with Brad Pitt, they are international superstars. They visited the orphanage the year before they adopted Pax.The officials shuld have denied the adoption if they have a problem with single people in relationship adopting a child

- cassie on April 14th, 2009

Stop bringing up angelina jolie!!! Omg, if you want to support madonna doesn’t mean you have to bring down angelina! Its such a desperate argument.

- Anon on April 14th, 2009

It’s not a desperate arguement. Angelina skirts the law all of the time to adopt children, but when Madonna does the same thing, she is penalized. The Jolie-Pitts are in talks to add another to their brood, even though the comments regarding the children’s behaviour and overall chaos sound like they need to help the kids they have adjust before adding more (Pax wetting the time out chair, the spaghetti tossing, etc). Meanwhile, Madonna continues to conduct work in Malawi, trying to help the people living there, but she is collecting kids.

As for the unmarried comment, I know in Canada, if you live with someone for six months, you are no longer considered “single” but in a common law relationship and are treated the same way as a married couple. The fact is, if Angelina wanted to adopt in Vietnam, she should’ve married Brad Pitt. But she lied on an application, gave the impression she would be raising the child alone and got her way. The hypocrasy of “Saint” Angelina vs “Evil” Madonna is truly appalling. This child would have a much better life with her and the other children, while Madonna continues to help the people of this country through financial contributions and awareness.

- Mary-Helen on April 14th, 2009

Why don’t people understand that before Madonna even tried to adopt David, Malawi had no foreign adoption laws? As in IT WAS ILLEGAL FOR SOMEONE OUTSIDE THE COUNTRY TO ADOPT A CHILD. Her first adoption was ILLEGAL; she got special treatment. The laws they have now are new – and she STILL doesn’t meet the requirements. Therefore, she cannot adopt the child. Why is that so hard to get?

And Mary-Helen, do you regularly read tabloids? Because that’s the only place those “stories” you talk about are written – in rag mags. Everyone who has ever met Angelina or the kids – there’s even a story on PEOPLE right now where Ashley Tisdale talks about meeting Zahara – they have nothing but good things to say. I’d advise you to lay off the rag reading.

- Ryo on April 14th, 2009

The comment about Pax was mentioned by Brad himself on Oprah and the spaghetti tossing was in People as quoted by Angelina about what the kids were doing when she left “Tossing spaghetti @ the wall.”

- Mary-Helen on April 14th, 2009

Well I think it’s heartbreaking to think of a wanted child trapped in an orphanage due to bureaucracy. I hope it will work out for Mercy and Madonna.

- Rose on April 14th, 2009

There is a flesh and blood child at the end of Madonna’s adoption petition and she deserves to be in a loving home, not an orphanage. There is no such thing as a “good orphanage.”

- wfii on April 14th, 2009

Whats your evidence of Madonnas home being warm and loving? She lives in madonnas orphanage, where she is taught and goes to school Her grandmother and grandfather visit her regularly.

- Bieta on April 14th, 2009

She lives in madonnas orphanage, where she is taught and goes to school Her grandmother and grandfather visit her regularly.

Living in an orphanage where one is “taught and goes to school” and has a “grandmother and grandfather [who] visit . . . regularly” is not a substiture for being raised by a mother. I’m not saying Madonna can provide a great home life because I don’t know her personally. But that home life would have to be pretty bad to say that living in an orphanage is preferable.

- Sam on April 14th, 2009

MH, we get it. You hate Brad and Angelina but especially Angelina. Brad told an amusing story about the first time he had to discipline Pax and you turn it into OMG the boy is out of control. Angelina was asked what she thought the kids were doing back at the hotel and she JOKED that they were probably throwing spaghetti at the walls. There’s even video of her laughing while saying the words. How can anyone turn these cute stories into the kids aren’t adjusted is beyond me but some people are quick to be negative.

I’m not a fan of Madonna’s but I do hope that she gets to become Mercy’s mom. I believe she loves all her children and wants the best for them. I’m not convinced that the best place for Mercy is in an orphanage.

- my glass is half full on April 14th, 2009

I’m tired of seeing people – of ALL RACES – coming to Africa to “save” some babies. Adopt one of the 100s of 1000s of American kids who need families.

- TeeTee on April 14th, 2009

Does Madonna do the raising? I was under the impression that Madonna has a nanny who took care of David solely and worked an incredible amount of hours. Then on the weekends the nanny was replaced with a WEEKEND nanny. That nanny has since quit. I actually read, and i’ll try to find that source, that David speaks with an aussie accent. Guess what? His nanny was Australian. That doesn’t sound like mothering to me at least not on Madonna’s part.

Money is not a subsitute for family, I cannot understand people who are assuming Mercy will have a good life. The only think any of us have to on is the fact that she has money. but everyone is entitled to there opinion. I personally cannot support a woman who breaks the law, attempts again to break the law, fails and then acts like a victim or innocent. Luckily she doesn’t need my support just the support of Malawi law, and she doesn’t have it.

- Bieta on April 15th, 2009

this whole thing is a big mess. if she hadn’t been allowed to break the law with the first adoption, then she wouldn’t be back trying to do it again. Malawi brought it on themselves. i guess this time they’ve ‘tried’ to put their foot down, and she’s not taking no for an answer, b/c the rules were bent for her the first time. if David ends up with a sister from the same country as him, that’s fine. if the appeal fails and she grows up in Madonna’s orphanage, i’m sure she’ll be ok as well. is it really easier to go to a foreign country and adopt a kid than it is to adopt one in America? save for a few celebs, that seems to be the cool thing to do. at this point, i’m sure Madonna would have an easier time adopting a minority child right from America.

- Mary on April 15th, 2009

marie- I don’t know what Madonna’s motives are, but I highly doubt that Angie and Brad plan to “force” Zahara to take over the AIDS clinic in Ethiopia if she doesn’t want to. They are just giving her the option to do so if she wants to. If she doesn’t want to, then they will probably be able to find someone else to take over the clinic.

- CelebBabyLover on April 15th, 2009

TeeTee- So you’d rather those African kids be left to possibly die of starvation, diease, dehydration, or all of the above. Oh, and not everyone is eligable to adopt from the U.S.! Madonna, for example, would probably be turned away due to her age and the fact that she is a single mother. Angelina and Brad would probably be turned away due to Angie’s past drug abuse (Angie has been very open about the fact that she experimented with a lot of drugs during her “wild child” phase, and, from what I’ve heard, people with a history of substance abuse generally aren’t allowed to adopt in the U.S.) and their family size.

Cassie and my glass is half full- Very well said! Legally, Angie is single. Maybe in Canada you are considered “common law” if you’ve lived together for over six months. However, here in the U.S., most states no longer recognize common law marriage. Very possibly Vietnam doesn’t as well.

Also, on another recent Madonna post on here where Angie was brought up, someone mentioned that they were friends with a few lesbian couples who did the same thing Angie and Brad did: One of the women applied to adopt as a single parent, and then the other woman adopted when they went through the re-adoption process in that states, without any problems (and they obviously weren’t celebs!).

Therefore, it IS allowed. From what I understand, all that mattered to Vietnam was that Angie filed to adopt as a single parent and, legally, she IS single. So, techincally, she followed the rules (the adoption agency she used even said that Pax’s adoption was “with in law” and that Angie “had to follow the same requirments as everyone else and recieved no preferential treatment”.) Had the agency been lying, they could have lost their credibility, so I tend to believe them.

Terri- Don’t be so prejudced! Single moms (and dads) can provide happy homes just as much as married couples can! Personally, I’d much rather see Mercy having a good life with Madonna (Lourdes, Rocco, and David look pretty well-adjusted to me. It especially speaks volumes to me that Lourdes seems so well-adjusted, since she is almost a teenager. If she didn’t have a good home life, you can bet we’d see it reflected in her!) then spend her childhood in an orphanage where she most likely gets very little food and doesn’t have access to clean drinking water.

Also, a lot of those orphanages are under-staffed! I mean, an eight-year-old girl was basically raising David before Madonna adopted him! To top it off, David had Pneumonia, and likely would have died if he’d stayed in the orphanage (as it is, he had one or two bio siblings that DID die when they were still infants or toddlers).

With Madonna, Mercy would never have to worry about getting enough food to eat or clean drinking water. That’s what I (and I think other commentors) mean when I say Mercy would have a better life with Madonna than in the orphanage.

- CelebBabyLover on April 15th, 2009

Oh, and TeeTee…How many children have YOU adopted from the U.S.?

Also, I saw a photo of Mercy in PEOPLE magazine…and she is a cutie pie!

- CelebBabyLover on April 15th, 2009

Oh, and I heard that poor Lourdes was devestated when she heard that Mercy wouldn’t be joining their family. Apparently, she had gotten very attatched to Mercy.

- CelebBabyLover on April 15th, 2009

Wasn’t there an article on this site that brought up an athlete and his wife who wanted to adopt from Malawi, but were not able to meet the requirements for living in the country for 18 months? So if this person was not allowed to adopt, why should it be different for anyone else. Again, the point is not whether Madonna would give the child a good home, let’s just say that is a given. The point is the rules for adoption have requirements which everyone must meet.

Maybe Madonna should stop trying to use public relations tools to pressure the judge (letters, photos) and just do what is required.

PS: This article and the issue is about Madonna, the rules in Malawai and no one else.

- Jamie on April 15th, 2009

IT IS NOT ILLEGAL FOR FOREIGNERS TO ADOPT FROM MALAWI.

They do require that you live there for 18-24 months so then can evaluate you as a parent and make sure the child is doing well.

Madonna was able to skirt this requirement when she was granted a waiver. She was supervised every 6 weeks in London by social workers and periodically by Malawi officials who wrote up family reports.

Vietnam does not allow couples who cohabit to allow, you either have to be single (sole parent) or married. Angelina skirted Vietnam’s adoption laws by claiming to be single. She is not married, but she is also not single, since she cohabits a home with Brad.

It’s hypocritical to act like one follows the rules to a T, while the other breaks them.

Regardless, the point is that 3 children from the JP household will NOT live in an orphanage and 1, or possibly 2, child(ren) in the Ciccone household will do the same.

- Liliana on April 15th, 2009

*Vietnam does not allow couples who cohabit to adopt

- Liliana on April 15th, 2009

Liliana- Angelina IS single in the legal sense.

- CelebBabyLover on April 16th, 2009