Malawi Court Set to Rule on Madonna and Child

Madonna BIG PICTURES/bauergriffinonline.com

Judgment day is set for Madonna's latest adoption attempt.

Malawi's High Court has announced it will rule early Friday on whether the Queen of Pop can legally adopt 4-year-old Chifundo "Mercy" James. The hearing comes about two months after a lower court judge rejected the singer's bid on a technicality—Madonna did not meet the African country's 18-month residency requirement for prospective parents.

Her Malawian lawyer, Alan Chinula, said the decision is expected around midnight PT.

The 50-year-old Material Mom got lucky the first time around when Malawian authorities waived the adoption rule and allowed her and ex-husband Guy Ritchie to take custody of David Banda, now 3, back in 2006.

That prompted fierce criticism from various rights groups, who accused Madonna of getting celebrity treatment and sparked claims that such rule-bending, if allowed to continue, could ultimately increase the risk of child trafficking.

Judge Esme Chombo cited such concerns in her April ruling that Mercy would remain in the orphanage (cofunded by Madonna), where the girl had been living since her 18-year-old mother died shortly after childbirth.

Madonna appealed to the high court, which began deliberations last month. A constitutional expert took the stand and defended Madonna's application, noting it would be unconstitutional if the residency rule undercut the infant's rights.

Meanwhile, Mercy's biological father, 15-year-old James Kambewa (who had been MIA in Mercy's life until hearing about Madonna's custody bid), has been among the most vocal opponents, insisting he is perfectly capable of taking care of the baby on his own.

Madonna has garnered support not only from the Malawian government but also from Ritchie, who issued a statement calling his former missus a "fantastic and loving mother" who would give Mercy "advantages and opportunities that her life has given her."

Aside from sharing custody of David, Ritchie and Madonna have a biological son, 8-year-old Rocco. Madonna has a 12-year-old daughter, Lourdes, from her previous relationship with former personal trainer Carlos Leon.

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