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Friday April 3, 2009

Madonna isn’t going down without a fight – she’s set to appeal a Malawi court’s decision rejecting her bid to adopt a second child from the country.

The Holiday hitmaker, 50, was told Friday she could not take Mercy James, 4, back with her to her home in America because she was not a permanent resident of Malawi.

“Put simply courts do make law by the process of precedence and Miss Madonna may not be the only international person interested in adopting the so-called poor children of Malawi,” the ruling said. “By removing the very safeguard that is supposed to protect our children the courts by their pronouncements could actively facilitate trafficking of children by some unscrupulous individuals who would take advantage of the weakness of the law of the land.”

Madonna’s lawyer, Alan Chinula, has now said that he has “filed notice for appeal in the Supreme Court of Appeal.” He says no date was immediately set.

There was no immediate comment from Madonna or her spokeswoman in New York.