Madonna has won her appeal to adopt four year old Mercy James from Malawi.

The singer applied to adopt the little girl in April but her request was rejected after Judge Esmie Chondo ruled the star had not met the country’s residency requirements. The appeal hearing began a month ago but was not expected to overturn the ruling - but earlier this week, it came to light that two out of the three appeal judges had entered their verdicts in favour of the adoption, and the third judge was about to do the same.

The appeal court is said to have accepted that while not a resident, Madonna has a long-standing commitment helping disadvantaged children in the country and that Chifundo “Mercy” James would have a better life with the star and her family.

A source explained: “They decided the earlier ruling didn’t take into account the bigger picture.

“They’ve seen how [Madonna’s previously adopted son from the country] David is thriving with her and they recognise the importance of strengthening her bonds with Malawi.”

In addition to her two older children Lourdes and Rocco, Madonna adopted David in October 2006. She is expected to take custody of Mercy, who she met while in the country adopting David, later this month.