Malawian Judge Recommends Changes to Adoption Laws

Malawian judge Fiona Mwale who authorised U.S. singer Madonna's adoption of two girls has now delivered a thoroughgoing critique of the legislation surrounding adoptions in that country, with strong recommendations for parliament on changes that should be made urgently, to protect the many vulnerable babies who need new homes and families through the adoption process, reports Carmel Rickard for Legal Brief.

Mwale has pointed to the need for Malawi to become a signatory to the Hague Convention on Inter-country Adoption, a convention which, she said, "provides the practical requirements necessary for states to safeguard the best interests of the child in cases where foreigners fly in to adopt a child."

Many of these will require legislative changes and therefore could be some time in being made - but the judge has strongly motivated both the need for changes to the legal and practical content as well as the need for urgency.

The Ethiopian World Federation (EWF) has accused Madonna of human trafficking and sexually exploiting children by charitable organization Raising Malawi which the singer founded in 2006. The non-profit seeks to  support orphans and vulnerable children through health and education programmes. Madonna adopted four children from Malawi.

According to EWF, Madonna's 1992 book titled Sex was cited in the petition, which features adult content, softcore porn, and sadomasochism. Pornographic content and LGBTQ conduct is punishable by law in the country of Malawi. "Gay porn stars were photographed in pornographic pictures with Madonna performing vulgar sex acts with the same sex which should have been disclosed during her adoption case in 2006 in Lilongwe, Malawi."

The Federation, which has since transformed into a global diaspora organization, is asking Malawi's President Lazarus Chakwera to prevent "homosexual and transgender" allegations over the adoption of Malawian children for possible "human trafficking and social experiments".