08/20/2007 - National Legal News

Malawi’s Child Welfare Services delayed finalizing Madonna’s October 2006 adoption of David, a Malawian orphan. Agency director Penston Kilembe cited financial and logistical limitations as causing the delay.

David was placed in an orphanage by his biological father. While Malawian law regarding foreign adoptions is unclear, it requires that prospective foreign parents undergo an 18- to 24-month assessment. This assessment was waived to allow Madonna and her husband, film director Guy Ritchie, to take David back to their London home in October 2006, when David was 14 months old.

The child services agency had planned to make two trips to the couple’s London residence to assess their suitability as adoptive parents. However, the agency missed the first visit, scheduled for May. Kilembe indicated that financial and logistical help will be needed to complete the assessment, according to the Associated Press.

The adoption highlights Malawi’s ambiguous adoption laws and raises issues of child trafficking. According to the Associated Press, Justin Dzonzi, lawyer and chairman of a children’s rights coalition that filed suit to become party to Madonna’s adoption, has emphasized the Malawi enacting solid adoption laws to prevent child trafficking.

Kilembe hopes to travel to London by the end of August to finalize the assessment.