Madonna won’t be bringing Mercy to her favorite Kabbalah center after all: reports this morning say that the singer’s petition to adopt a three year old girl named Mercy James was denied by the Malawi high court. Court sources explained that Madonna made no attempts to comply with Malawi adoption laws, and that the girl’s living relatives begged for her to stay in the country so they could see her.

Madonna’s application to adopt a second child from Malawi has been rejected, according to court sources.

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 was not in court for the ruling, can appeal to Malawi’s Supreme Court.

The residency rule was waived in 2006, when she adopted another Malawian child, David Banda.

She was allowed to take the boy, now aged three, to London before his adoption was finalised in 2008.

David is accompanying Madonna on her visit to Malawi, along with her other children Lourdes, 12, and eight-year-old Rocco.

It is not clear why Judge Esme Chombo has ruled differently today. Another judge had handled Madonna’s previous adoption case.

However, when she adopted David, Madonna was still married to British film director Guy Ritchie.

Their divorce was finalised earlier this year and she was adopting Mercy as a single mother.

On Monday, the US singer attended an hour-long hearing in the chambers of Mrs. Justice Chomba.

In court papers made public today, Madonna said the girl’s grandmother was unable to care for her.

She promised to make Mercy a permanent part of her family and spare her the “hardship and emotional trauma” of life as an orphan.

“She is not skirting any legal issues in her application to adopt this child,” Madonna’s spokeswoman has said.

“She 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,” said Liz Rosenburg.

The country’s Information Minister Patricia Kaliati has 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.

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.

[From Yahoo!]

Madonna certainly didn’t do herself any favors with this latest visit to the impoverished country – traipsing around in couture clothing, being rude to the press, and basically thumbing her nose at the court and the child’s remaining family. I am sure she is used to getting whatever she wants, but this time she didn’t.

I do wonder what will happen to this little girl now. Clearly, she is not in the best of circumstances. Her family had to bring her to the orphanage because they could not care for her. She could have led a life of extreme privilege with Madonna, but chances are good that she would also be largely raised by nannies, and force-fed the Kabbalah religion. She’s be another designer accessory for the star. But some would argue that being a rich woman’s accessory is better than living in poverty with no parents.

Here’s Mercy James. Header photo of Madonna in Malawai on March 30th. Images thanks to Fame Pictures .