However the singer through her local lawyer Allan Chinula appealed against the ruling in the Supreme Court of Appeal.

Media reports in the country said three Supreme Court judges led by Chief Justice Lovemore Munlo presided over the hearing on Monday.

During the hearing Madonna was represented by two lawyers Chinula and Mordecai Msisha who are reported to have presented seven grounds of appeal to overturn the April 3 ruling by the Malawi High Court.

Msiska, who presented the grounds of appeal, is said to have prayed to the court to overturn the High Court’s decision by considering that the child has a right to life as stipulated in Malawi’s Republican Constitution.

“It is more likely that an orphan can have a shorter life in an orphanage as compared to a child who is being raised by a family,” Msisha said.

He further argued that right to life was an issue the court was supposed to bear in mind when making its determination.

Msisha also said that one statute factor should not be allowed to override the Constitution that protects the welfare of Children.

During last month’s ruling the High Court judge said that there was no evidence that the orphanage was not looking after Chifundo well adding that the pop singer had not stayed in the country for more than 18 months

However Msisha told the Supreme Court of Appeal that residence was just one of the issues in adoption, but that the best interest of the child was of paramount importance.

The three judges then reserved the ruling to a date that would be communicated to the concerned parties.

During the hearing, the three judges are also reported to have taken to task a lawyer Jones Gulumba for a local NGO Eye of Child to why Madonna should not be allowed to adopt Mercy.

Eye of the Child told one of the local papers through its Executive Director Maxwell Matewere that they were joining the case as “friends of the court.”

Matewere however said they were neither for nor against the ruling adding that the court ruling will determine the way forward for the adoption of children in Malawi.

Malawi Human Rights Commission is also reported to have joined the case as “friends of the court,” through lawyer Ulemu Kam’mayani but said they were in support of the adoption of Mercy who was set to become a sister to David.

In a related development to Madonna’s issue a man who claims to be Mercy’s biological dad, James Kambewa is said to have approached Mercy’s Uncle Peter Bannet on Saturday asking him to withdraw Mercy from the orphanage.

A Daily Times report quoted Bannet confirming the development, but was quick to say that they had rebuffed Kambewa because he had never come to claim fatherhood for Mercy since she was born.

And lawyer Msisha said Monday that the issue of Kambewa was hearsay and could not be considered in court having also been brought in the Supreme Court of Appeal by Eye of the Child.

Kambewa told Skynews Monday that Mercy was his child and that he would like to take care of her adding that he was capable to taking care of his child.

Madonna controversially adopted the first Malawian child David in 2006 who is now three years old and several human rights organisations accused the government of shielding the singer.

She was later dragged to court before she won the case.

Madonna has since said she would want to give Mercy the best life and environment and excel in life.

Malawi is one of the countries that have millions of orphans due to the HIV/Aids pandemic and some people have welcomed the idea of the pop star adopting both orphans.