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Madonna Wins Court Appeal to Adopt Malawi Girl

By Chloe Bunker on June 12, 2009

Madonna, pictures, picture, photos, photo, pics, pic, images, image, hot, sexy, latest, newBLANTYRE, Malawi — Madonna scored a victory in court Friday, winning her appeal to adopt a second child from Malawi.

Malawi's Supreme Court overturned April's lower court ruling which denied the pop star's bid to adopt Chifundo "Mercy" James because she wasn't a resident of the southern African country.

"It's the wee hours of morning in New York but she is excited at the news," Madonna's attorney, Alan Chinula told The Associated Press. "As her lawyer I am happy that this has settled this contentious issue."

It remains unclear when the 3-year-old Chifundo will join her new mother. Chinula said he was in the process of arranging for her passport and finalizing travel plans with Madonna.

Madonna, 50, previously drew criticism when she adopted her 3-year-old son, David Banda, from the country in 2006. Malawian law requires would-be parents to reside in the country for one year before adopting, a rule that was essentially broken when she adopted her first child from the country.

The "Material Girl" first traveled to Malawi during a charity mission in which she filmed a documentary on the poverty and AIDS crisis there. She runs the charity Raising Malawi and is also establishing a school for girls there.

Madonna met Chifundo the very same year of her first adoption at Kondanani Children's Village, an orphanage located in Bvumbwe.

In announcing Friday's ruling, Chief Justice Lovemore Munlo said "every child has the right to love." The judge praised Madonna's commitment to helping disadvantaged children and was critical of "old laws" as they related to residency.

"In this case, Madonna was in Malawi not by chance but by intention," said Munlo, "She is looking after several orphans whose welfare depends on her. She can therefore not be described as a sojourner."

Madonna, who split with ex-husband Guy Ritchie last year, also has two biological children, Lourdes 12, and Rocco, 8.