The pop star will not be allowed to adopt three-year-old Mercy James, ruled the High Court in the capital, Lilongwe. Court registrar Ken Manda said the singer's bid to adopt the girl - previously believed to be aged four - had been rejected because Madonna is not a resident of Malawi. The case has stirred up controversy in the tiny, impoverished African nation where some human rights campaigners have accused the 50-year-old of child "kidnapping". They claim she has used her fame and money to by-pass the official adoption procedures. Madonna, who has spent the past six days in the country touring her charity projects, has refused to comment but her spokeswoman issued a statement denying any rules had been broken. On Monday, the US singer attended an hour-long hearing in the chambers of Mrs Justice Chomba. "She is not skirting any legal issues in her application to adopt this child and is looking to provide a loving family environment and the best education and healthcare possible for a child who has been in an orphanage since her birth," Liz Rosenburg said. Malawi's government has expressed its support for the star, who was subjected to similar criticism two years ago when she began her adoption of another Malawian child, David Banda. The boy, now three, is accompanying Madonna on her visit to Malawi, along with her other children Lourdes, 12, and eight-year-old Rocco. The country's Information Minister Patricia Kaliati praised the singer for her charity work in Malawi and said she had proved she was a good mother to David. "Very few rich and famous people can take time to fly all the way to Malawi to support our children. We support her adoption process," Ms Kaliati said. The court ruling had been expected to go Madonna's way after Mercy James was allowed to stay with her at a luxury lodge in Lilongwe. She had been expected to take the child with her when she flies home to New York at the weekend. Malawi has a million orphans, as a result of Aids, poor healthcare and poverty. Several charities, including Save the Children, have accused Madonna of setting a bad example. They said efforts to help orphaned children should focus on keeping the children in their own communities and supporting extended families so they can care for them.
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