Madonna has hired help for Mercy in Africa

Apr 22, 2009, 9:00 GMT

The 50-year-old singer - who failed in her initial bid to raise four-year-old Mercy James because she hadn\'t met the requirements of living in the African country for 18 months - has instructed members of her staff to look after the tot at Kumbali Lodge, where the star stayed during her visit earlier this month. EPA/PETER FOLEY

Madonna has left a nanny to care for the Malawian child she is attempting to adopt.

The 50-year-old singer - who failed in her initial bid to raise four-year-old Mercy James because she hadn't met the requirements of living in the African country for 18 months - has instructed members of her staff to look after the tot at Kumbali Lodge, where the star stayed during her visit earlier this month.

A source said: "During her farewell party at the lodge, Madonna instructed a nurse and a nanny to remain behind and care for Mercy while her lawyers appeal."

However, Judge Esme Chombo thinks Mercy should return to her orphanage 250 miles away, but that suggestion has been met with criticism from Mercy's guardian and extended family.

Orphanage director Anne Chikhwaza said: "As Mercy's legal guardian I authorise where she goes. She is staying with Madonna's people as a visitor. There is nothing wrong with that."

Mercy's uncle Peter Baneti also said the family wanted Madonna to take care of Mercy immediately.

He said: "We don't agree with the judge's decision to reject Madonna's intention to adopt Mercy. As a family we consented to the adoption."

Earlier this week, it was revealed Madonna's adoption appeal date had been set for May 4 and her case will be heard by three judges at Malawi's Supreme Court of Appeal.

The 'Material Girl' star - 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 initial 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."