Popsquire

Although a lower court recently ruled that Madonna could not adopt three-year-old Chifundo “Mercy” James, the Supreme Court just reversed that decision.

[Bauer Griffin Online]

M says: “I am extremely grateful for the Supreme Court’s ruling on my application to adopt Mercy James. I am ecstatic … My family and I look forward to sharing our lives with her.”

Yup, Mercy’s life just became a Holiday.  Or maybe she should just thank her Lucky Stars.  Ok, enough — it’s just too easy now that Madonna gets to keep her baby.

Technorati Tags: adoption, celebrities and law, chifundo mercy, james, legal expert, madonna, malawi, mercy, pop culture law, russell wetanson, supreme court

Three Malawian judges may find Madonna appealing after all.

The Sun reports that although no official decision has been announced, three appeals judges are in favor of allowing Madonna to adopt Mercy, a three-year-old Malawian orphan.  Two judges reportedly have already submitted reports recommending that the adoption move forward, even though a lower court judge previously ruled that Madonna could not adopt Mercy because the singer had not fulfilled a residency requirement.

Assuming this report is accurate, an official announcement is expected next Sunday at Malawi’s Supreme Court of Appeal.

Technorati Tags: appeals judges, madonna, malawi adoption, mercy james

May 4 may be a Holiday for Madonna.

[PacificCoastNews.com]

That’s when a three-judge Malawian Supreme Court of Appeal panel will hear an appeal filed by Madonna against an April 3 Malawi High Court decision to halt her adoption of three-year-old Malawian girl Chifundo “Mercy” James.  The hearing will take place behind closed doors, but the results likely will be reported quickly.

Popsquire will keep you posted!

Technorati Tags: appeal, chifundo mercy james, date set, madonna, malawi adoption, mercy, pop culture law

Everyone knows that Madonna’s effort to adopt four-year-old Mercy James has not been a Holiday, so she wants her fans to know they have provided her with a Ray of Light.

[Pixplanete / PR Photos]

The pop superstar released this statement over the weekend:

“I want to provide Mercy with a home, a loving family environment and the best education and healthcare possible. And it’s my hope that she like David, will one day return to Malawi and help the people of their country.”

“Though I have been advised that I cannot publicly discuss the pending appeal regarding my desire to adopt Mercy, I do want to say how much I appreciate the level of support that I have received from the people of Malawi and my friends around the world.”

Popsquire loves statements that do not publicly discuss legal issues while simultaneously discussing said legal issues in public.  Well done, Madonna.

Technorati Tags: adoption, appeal, celebrity adoption, madonna, malawi, mercy, pop culture law

Popsquire loves a good, funny feud!

Technorati Tags: adoption, angelina jolie, celebrity adoption, celebrity feud, international adoption, madonna, malawi, saturday night live, snl skit

Madonna will not be a mother without Borderlines.

[PR Photos]

A Malawi judge ruled today that Madonna cannot take custody of three-year-old orphan Chifundo “Mercy” James, because Malawian law dictates that the multi-hyphenate star reside in the country 18 to 24 months prior to an adoption.   Apparently, precedent doesn’t matter in Malawi — this rule was waived in 2006 when Madonna was allowed to take David Banda to London before his adoption was finalized in 2008.

PS: Who is going to live in Malawi for 18 to 24 months?  If this country wants to facilitate adoptions, they should consider changing this law.

Technorati Tags: adoption, chifundo james, international adoption, madonna, malawi, mercy, pop culture law, residence requirement

For today’s collision between pop culture and Malawi law, an official at the Malawi welfare department confirms that Madonna has filed adoption papers.

[Pixplanete / PR Photos]

She is expected to visit the African country this weekend, and a court could hear the adoption case as early as Monday.  It can be difficult to adopt an international child as a single parent, so Popsquire wishes M lots of luck!

Technorati Tags: adoption, celebrities, david banda, international adoption, madonna, malawi, pop culture law, single parent

Congratulations to Marissa Jaret Winokur and Judah Miller!

The couple became parents yesterday, when their surrogate mother delivered their first son, Zev Isaac Miller, according to People.  In case you wonder how this represents a pop culture/law collision, Popsquire has one word for you…CONTRACTS!

Some states require a contract among all parties to the surrogacy birthing arrangement, and there are often requirements that the contract address certain issues.  Further, some infertility clinics require a contract between the infertile couple and the surrogate in the event that a dispute develops between the infertile couple and the surrogate as to biological parenthood, parental rights, and custodial aspects of the child to be born.

In celebration of the new addition to Marissa’s family, enjoy this TLC classic, “Baby, Baby, Baby.”

Technorati Tags: custodial dispute, fertility, infertile couple, judah miller, marissa jaret winokur, parental rights, pop culture law, surrogacy, surrogate mother, zev isaac miller

If you turned into the MTV Movie Awards last night, then you know that Ellen Page won for best female performance. Juno is a great movie with many legal collisions!  In the scene where Juno is exploring adoption with the potential adoptive parents, Jennifer Garner’s character asks if Juno is seeking any “other compensation.” Juno says “No.”

Popsquire’s perspective…

Generally, it is both legal and customary to pay for certain expenses incurred by a birth mother, with various limitations and conditions.

For example, California law provides in Penal Code § 273, that it is legal to assist with a birth mother’s reasonable and necessary pregnancy-related living expenses, for the period of time that she is disabled or unemployable due to the pregnancy.

This payment of expenses must be made unconditionally and as an act of charity — otherwise, it could be considered buying the baby.

If Popsquire were adopting, he’d definitely prefer a birth mother who lives modestly! Just like Notorious B.I.G. said, Mo’ Money Mo’ Problems.

Technorati Tags: adoption, ellen page, juno, law, movie awards, mtv, pop culture

It’s official!  Madonna is David Banda’s baby momma.  Although critics previously accused Madonna of using her celebrity status to circumvent Malawian adoption laws, a Malawian judge approved the adoption today and remarked that Madonna and husband, Guy Ritchie, are “perfect parents,” according to the AP.

David sure is one Lucky Star!

Technorati Tags: david banda, foreign adoption, guy ritchie, law, madonna, pop culture

Quick update: Madonna’s official adoption of David Banda has been delayed until next week.  By all accounts, the adoption will be finalized without any glitches.  That’s all.

Technorati Tags: adoption, david banda, guy ritchie, law, madonna, malawi, pop culture

Madonna is expected to arrive in Malawi today, in advance of Thursday’s court hearing to finalize her adoption of two-year-old David Banda. Madonna began adoption proceedings in 2006, and David has been living with her and Guy Ritchie in their London home since then.

The adoption represents a collision between pop culture and law for two reasons:

1. Madonna is a pop culture icon, and adoption obviously involves a legal process.
2. This adoption has created a legal controversy, with critics accusing the government of skirting laws that ban non-residents from adopting children in Malawi, even though the country’s AIDS epidemic has resulted in more than one million orphans.

Thursday’s hearing is expected to go smoothly, because both Malawi’s government and David’s biological father are supporting Madonna’s adoption. Congratulations Madonna! M will soon stand for “Mother of David.”

Technorati Tags: adoption, david banda, guy ritchie, law, lourdes, madonna, malawi, pop culture, yohane banda