The country's Supreme Court of Appeal this morning overturned an earlier ruling by a lower court which said Madonna did not qualify to adopt Mercy James, 4.

Local adoption rules stipulate that prospective parents must reside in Malawi for 18-months before the process can be approved.

But Chief Justice Lovemore Munlo said today that modern realities had not been considered during the ruling in April.

He also said the lower court had failed to recognise the singer's commitment to help disadvantaged children.

Mercy James will become Madonna's fourth child, and second adopted child from the African country.

In 2006, Madonna's adoption of Malawian David Banda was widely scrutinised by the media and received criticism by child welfare groups.

Madonna has two other children – Lordes 12, and Rocco, 8.

(by Jason Gregory)