Madonna has not given up in her fight to adopt Malawi orphan Mercy James despite a judge ruling against her. The 50-year-old queen of pop, who arrived back in the UK on Sunday evening after a tearful farewell with the three-year-old, will challenge the court decision, says her Malawian lawyer.
A judge refused the star's adoption application on the grounds she failed to fulfil the criteria which states prospective parents have to be resident in Malawi for 18 to 24 months while child welfare authorities assess their suitability.
The Material Girl's Malawian lawyer Alan Chinula described the judgment as "incomprehensible", saying the same court had approved her adoption of David Banda in 2006.
He said his client would contest the decision. "We are just waiting for the court registrar to give us a day when we will appear in court," he said.
Madonna looked downcast as she arrived at Luton airport with her children, Lourdes, 12, Rocco, eight, and adopted son David. She had reportedly told her assistants: "I can't believe I'm leaving my beautiful baby behind. It's not right. I love that baby girl... She's my little girl - she needs to be with me."
Mercy James, who Madonna met last year on one of her regular trip to Malawi, has already been returned to an orphanage, despite the appearance of a man claiming to be her biological father.
Security guard James Kambewa says he was told Mercy had died with her mother at birth. He is willing to take a DNA test to prove he's Mercy's dad and wants to raise her. If the court in Malawi accepts his paternity claim it is likely to be a major blow to Madonna's adoption bid.
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