Madonna Adoption Appeal Set for May 4

Madonna has already adopted one child from Malawi, her son David who is now 6 years old. And in a somewhat surprising ruling last month, the Malawi court denied her adoption request of Mercy James. That ruling was in conflict with a ruling under near-identical circumstances that allowed her to adopt David in 2006. The judge in the Mercy case was clear in her opinion that she felt Madonna was a worthy parent and that she was certain the child would be well cared for while with Madonna. Instead, she cited the potential problems that it could create for other orphans in the country who may wish to be adopted by people without ties or residency in Malawi.

It would seem from an outsider's point of view that perhaps the judge's intentions are missing the point. Of course, laws should be in place to protect the orphans and to ensure that they can only be adopted by qualified parents with the necessary resources to raise children. But residency requirements are not realistic, especially when quality adoptive homes and parents are so difficult to find. Few if any parents would have the means or the ability to establish residency in Malawi for two years prior to adopting an orphan from that country.

Madonna's legal team is basing its appeal on their assertion that the lower court made an error in their interpretation of an out-dated Malawi law that was applied to the original ruling.