Madonna's last ditch efforts for Mercy

Apr 21, 2009, 4:00 GMT

The 50-year-old singer failed in her bid to adopt four-year-old Malawian orphan Mercy James earlier this month and her case will now be heard by three judges at the African country\'s Supreme Court of Appeal. EPA/PETER FOLEY

Madonna's adoption appeal date has been set for May 4.

The 50-year-old singer failed in her bid to adopt four-year-old Malawian orphan Mercy James earlier this month and her case will now be heard by three judges at the African country's Supreme Court of Appeal.

Madonna is not required to attend the private hearing.

Joseph Chigona, Registrar of the High Court, said: "As with all court cases involving infants, this one will be in chambers, not in an open court."

Judge Esme Chombo initially rejected Madonna's case because the 'Material Girl' star had not lived in Malawi for 18 months, as is required by law.

Madonna - who already has a three-year-old adopted Malawian son, David, as well as her daughter Lourdes, 12, and eight-year-old son Rocco - was devastated by the ruling and immediately revealed she would appeal.

Her lawyer Alan Chinula said: "We believe the lower court judge erred by basing her judgment on an archaic law of over 50 years ago."

Before the ruling, Madonna had spoken of her desire to giving Mercy a loving and safe home.

She said: "I want to provide Mercy with a home, a loving family environment and the best education and health care possible. And it's my hope that she, like David, will one day return to Malawi and help the people of their country."

Mercy's 18-year-old mother died five days after giving birth and her extended family have reportedly given their backing for Madonna to adopt her.