Madonna’s plans of flying back to the U.S. from Malawi complete with latest familial acquisition in the form of 3½-year-old Mercy James has been thwarted! Judge Esme Chombo of Malawi’s high court cited invalid residency requirements and a host of other reasons why the girl should grow “within the culture of Malawi” and be afforded life in her home country, fulfilled by a more fruitful parenting dynamic. Enraged, Madonna’s legal team has appealed the supreme court in hopes of a favorable ruling.
“I have just filed a notice for the appeal,” said the lawyer, Alan Chinula. He added that no date has been set for the appeal yet. Earlier Friday, a residency requirement in Malawi prevented Madonna from adopting 3½-year-old Mercy James from that African nation, a judge and a lawyer told the Associated Press on. After Madonna learned that judge Esme Chombo had rejected her petition to adopt the Malawian toddler, an incredulous Madonna “kept wringing her hands,” a source at Kumbali Lodge, where the pop star is staying, tells PEOPLE. Madonna, who filed her adoption papers on Monday, was not present in court.
At the hearing, the judge said child welfare officers are required to find suitable prospective parents and “not someone who just flies in and out.” In terms of the child, “I think the welfare of Chifundo [African for ‘Mercy’] will be better served if she grows within the environment of the culture of Malawi,” she said.