Madonna's request to adopt Malawian orphan Chifundo "Mercy" James was turned down in court early today, the Associated Press reports.
According to multiple sources, a "residency requirement" affected the judge's ruling. Malawi adoption law requires foreigners to reside in the country for 18-24 months before they can be considered for adoption.
Although Madonna has been in Malawi since the weekend, People reports the megastar was not in court this morning. Her lawyer, Alan Chinula, delivered the news to the star, and upon hearing the judge's decision, Madonna was reportedly "incredulous" and "kept wringing her hands" after learning the verdict, according to the mag.
It’s unclear whether the megastar mother of three will appeal the decision.
Madonna's youngest son, three-year-old David Banda, was adopted from Malawi. According to People, the adoption was finalized in 2008, but the singer was allowed custody of the child in 2006, and he has lived with her family -- between London, New York and all parts in between -- since then.
Madonna first met Mercy James, the little girl she intended to adopt, at an orphanage in 2006, reports People. As Madonna stated in court documents obtained by Us Weekly today: "I am 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."
Madonna was so sure of the adoption hearing’s outcome, she even held a celebratory pre-adoption party Thursday night at the posh Kumbali Lodge, reports Us Weekly. She invited government officials, teachers and adoption agents and hired traditional dancers to entertain the crowd.
Since 2006, Madonna has been dedicated to helping children in Malawi. She has started the charity Raising Malawi, and is currently overseeing the construction of a girls' academy.
According to People, the judge overseeing the adoption case said that because of these charitable works, Madonna will still be able to help Mercy James.
"I think the welfare of Chifundo will be better served if she grows within the environment of the culture of Malawi," the judge said.
Though Madonna's attempt to adopt a second child from Malawi has been dogged with controversy, the country's government gave their endorsement of the adoption Thursday.
The girl's surviving family also supported the adoption, and Us Weekly reports they signed off on papers earlier this week.
"Mercy is now assured of a good education away from the abject poverty of our village," one of the child's uncles told the magazine. "Madonna has assured us she will not cut her ties with us."
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